Rebranding, stealing or selling free sanitary towels provided by the state will land you in jail for five years or a Sh10 million fine if a new Bill is enacted.
The Provision of Sanitary Towels Bill, 2024, provides for free sanitary towels to all schoolgirls and women inmates.
“A person who rebrands or resells sanitary towels distributed by the committee or a county interdepartmental committee commits an offence,” the Bill states.
For first offenders, the Bill states, they will face a Sh5 million fine or three years in jail, while repeat offenders will be fined Sh10 million or five years imprisonment.
The proposed law mandates the state to set aside an annual budget for the provision of the essential commodity to learners.
“The purpose of the Bill is to provide for the provision of quality, free and sufficient sanitary towels in all public institutions,” the Bill states.
The proposed law, which comes as a relief to many learners from poor backgrounds, is sponsored by nominated Senator Gloria Orwoba.
It has been introduced in the Senate for the first reading.
According to the Bill, there shall be an established inter-ministerial that shall coordinate and oversee the distribution of the free towels.
The committee shall comprise of a chairperson and principal secretaries for Gender, Basic Education, Public Health, Finance, Higher Education, Vocational Training and the Attorney General.
Others are representatives of the Council of Governors, the chairperson of the Gender and Equality Commission and a representative of the community-based organisation.
“The committee shall advise the government on the provision of sanitary towels in all public institutions and correctional facilities and coordinate their provision to all public institutions and correctional facilities,” the Bill states.
The Bill provides that the committee shall provide free, sufficient and quality sanitary towels to every woman employed by or studying in a public institution and to every woman in the custody of a correctional facility.
“Develop a framework to facilitate the availability and distribution of sanitary towels in all the public institutions and correctional facilities in Kenya,” the Bill states.
“The committee may from time to time co-opt into its membership any person whose skills and expertise are necessary for the performance of any particular issue currently before the committee.”
Further, the proposed law establishes, in each county, county interdepartmental committees on the provision of sanitary towels.
The county committee shall be chaired by the executive responsible for gender.
“The respective county governor shall appoint members of the county interdepartmental committee nominated under subsection (1)(g) and (h) by notice in the Gazette,” it states.
The Gender CS in consultation with the committee and the Council of Governors, make regulations generally for the better carrying into effect of any provisions of this Act.
Currently, the Basic Education Act allows the ministry of provide free sanitary towels to schools.
However, the new Bill amends Section 18 of the Basic Education Act to provide that the Ministry of Education shall have ‘the Inter-Ministerial Committee on Provision of Sanitary Towels established under the Provision of Sanitary Towels Act'.
“The Cabinet secretary may, in consultation with the committee and the Council of County Governors, make regulations generally for the better carrying into effect of any provisions of this Act,” it reads.
