The Senate Labour and Social Welfare Committee has cast doubt on the future of the Provision of Sanitary Towels Bill, 2024. The committee’s report, tabled by Chairperson Julius Murgor, raises concerns about the Bill’s alignment with existing laws and policies, its financial implications, and the bureaucratic structures it proposes to create.
While the committee did not explicitly recommend rejecting the Bill, its reservations have placed the proposal in jeopardy as it heads for a second reading in the Senate next year.
The Bill, sponsored by nominated Senator Gloria Orwoba, seeks to mandate the provision of free, quality sanitary towels in all public institutions, including schools and correctional facilities. It also proposes the establishment of 48 county interdepartmental committees and an interministerial body to oversee the procurement and distribution of the towels.
Concerns Over Bureaucracy and Funding
One of the committee’s primary objections is the creation of 48 new county committees to manage the distribution of sanitary towels. Critics argue that these structures would add unnecessary layers of bureaucracy and duplicate existing efforts, including the roles outlined in the Menstrual Hygiene Management Policy 2019-2023 and the Basic Education Act, Cap 211.
Section 39(k) of the Basic Education Act already tasks the Cabinet Secretary for Education with ensuring the provision of free, sufficient, and quality sanitary towels to girls in public basic education institutions. The committee noted that the Bill does not sufficiently address these existing provisions, creating potential overlaps and conflicts.
Further, the report highlighted that the proposed law does not specify the source of funding for the initiative. With an already strained public budget, the additional financial burden required to implement the provisions of the Bill has raised concerns among senators and stakeholders.
Public Opposition
The committee revealed that it received over 90 submissions on the Bill, the majority of which recommended its rejection. Many stakeholders expressed apprehension over the financial and administrative implications of implementing the proposed measures.
“The creation of additional bureaucratic structures is seen as unnecessary and burdensome to taxpayers,” the report stated. It also pointed out that the formation of a corporate body, the proposed interministerial committee, could conflict with existing laws governing such entities.
Supporters Stress the Importance of Accessibility
Despite the criticisms, the Bill has also garnered support from those advocating for menstrual equity and hygiene. Proponents argue that the initiative is critical for ensuring that no girl or woman in public institutions or correctional facilities lacks access to essential sanitary products.
Senator Orwoba emphasized that the Bill aims to address systemic gaps that leave many girls unable to attend school during their menstrual periods. She called for a concerted effort to ensure the accessibility and standardization of sanitary products for all beneficiaries.
A Decision Deferred
Although the committee raised significant concerns, it refrained from proposing amendments to the Bill or explicitly recommending its rejection. This means the Bill will proceed to the second reading, where the Senate will ultimately decide its fate when plenary sittings resume next year.
As it stands, the Bill underscores the broader challenges surrounding menstrual health management in Kenya. While existing policies and laws offer a framework, implementation remains inconsistent, leaving many vulnerable girls and women underserved.
The proposal to establish annual budgets for sanitary towels in public institutions reflects an urgent need for structured funding. However, balancing this with the fiscal realities and existing policy frameworks will require a careful approach.
The debate surrounding the Provision of Sanitary Towels Bill, 2024, highlights the ongoing struggle for gender equity in education and public health. Whether the Senate will find a way to reconcile the Bill’s intent with its logistical and financial challenges remains to be seen.