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The Mathari National Teaching and Referral Hospital Order

Legal Notice 165 of 2020

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The Mathari National Teaching and Referral Hospital Order
Citation
Legal Notice 165 of 2020
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State Corporations Act
Date
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English
Type
Legal Notice
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LAWS OF KENYA

STATE CORPORATIONS ACT

THE MATHARI NATIONAL TEACHING AND REFERRAL HOSPITAL ORDER

LEGAL NOTICE 165 OF 2020

  • Published in Kenya Gazette Vol. CXXII—No. 162 on 4 September 2020
  • Commenced on 4 September 2020
  1. [Revised by 24th Annual Supplement (Legal Notice 221 of 2023) on 31 December 2022]

1. Citation

This Order may be cited as the Mathari National Teaching and Referral Hospital Order.

2. Interpretation

In this Order, unless the context otherwise requires—"Act" means the State Corporations Act (Cap. 446);"Board" means the Board of Directors of the Mathari National Teaching and Referral Hospital constituted in accordance with paragraph 6;"Cabinet Secretary" means the Cabinet Secretary for the time being responsible for health;"Chief Executive Officer" means the person appointed in accordance with paragraph 10; and"Referral Hospital" means the Mathari National Teaching and Referral Hospital established under paragraph 3.

3. Establishment of the Referral Hospital

(1)There is established a state corporation to be known as the Mathari National Teaching and Referral Hospital.
(2)The Referral Hospital shall be a body corporate with perpetual succession and a common seal and shall, in its corporate name, be capable of—
(a)suing and being sued;
(b)taking, purchasing or otherwise acquiring, holding, charging or disposing of movable and immovable property;
(c)receiving, investing, borrowing and lending money; and
(d)doing or performing all other things or acts, including entering into contracts for the proper performance of its functions under this Order, which may be lawfully done or performed by a body corporate.
(3)The Referral Hospital shall be a level 6 tertiary hospital within the meaning of section 25(1) as read with the First Schedule of the Health Act (Cap. 241).

4. Objective of the Referral Hospital

The objective of the Referral Hospital shall be—
(a)to provide highly specialized services, including—
(i)specialized psychiatry services;
(ii)forensic psychiatry services;
(iii)child and adolescent mental health services; and
(iv)receiving and managing referrals of persons with mental disorders from other facilities for specialized care; and
(b)to provide training and research facilities in the field of psychiatry and mental health for doctors, nurses, clinical officers and other allied health workers.

5. Functions of the Referral Hospital

The Referral Hospital shall—
(a)receive patients on referral from other hospitals or institutions within or outside Kenya for specialized psychiatry services;
(b)provide training in behavioral sciences for both public and private institutions;
(c)participate, as a national referral hospital, in national health planning;
(d)receive mentally ill offenders from courts, prisons and the police department for assessment and forensic mental health care;
(e)provide substance abuse related and addictive disorders treatment and rehabilitation services;
(f)give integrated outpatient healthcare services such as maternal and child health, non-communicable diseases, communicable disease management including HIV comprehensive care clinics, dental and physiotherapy, with related imaging and radiological services, medical laboratory and other diagnostic services;
(g)offer disability and other medical assessments;
(h)undertake community psychiatry, psychosocial rehabilitation services, counselling, psychotherapy and psycho-trauma management;
(i)offer liaison psychiatry, neurological and geriatric psychiatric services, neurophysiological and neuropsychological services;
(j)collect, analyze and disseminate all data useful in the prevention, diagnosis and treatment of mental disorders;
(k)advise the Cabinet Secretary on matters relating to the treatment and care of persons with mental disorders and the relative priorities to be given for the implementation of specific measures;
(l)provide facilities for medical education and for research either directly or through other co-operating health institutions;
(m)provide access to available information and technical assistance to all institutions, associations and organizations concerned with the welfare and treatment of persons with mental disorders, including those controlled and managed by the Government; and
(n)doing or performing all other necessary functions or activities of a National Teaching and Referral Hospital, including undertaking ventures for the purposes of raising revenues for the purposes of funding its aetivities wholly or in part.

6. Board of the Referral Hospital

(1)There shall be a Board of Directors of the Referral Hospital which shall consist of—
(a)a non-executive Chairperson appointed by the President;
(b)the Principal Secretary in the Ministry for the time being responsible for finance, or his or her representative, appointed in writing;
(c)the Principal Secretary in the Ministry for the time being responsible for health, or his or her representative, appointed in writing;
(d)the Principal Secretary in the Ministry for the time being responsible for correctional services, or his or her representative, appointed in writing;
(e)the Attorney-General or his representative, appointed in writing;
(f)the Chief Executive Officer who shall be an ex officio member of the Board; and
(g)three other members, not being public officers appointed by the Cabinet Secretary by virtue of gender disability, regional balance and their knowledge and experience in matters relating to finance, management, economics, law or any other relevant field.
(2)The Board may co-opt any other person with necessary expertise and on temporary basis as it considers necessary to assist the Board in discharging its duties and responsibilities.
(3)The Chairperson and Board members shall hold office for a term of three years renewable once.
(4)The office of the Chairperson or a Board member shall become vacant if the holder—
(a)by a notice, in writing, addressed to the appointing authority, resigns from office;
(b)is removed from office, by the appointing authority on grounds of incapacity due to mental or physical illness or is otherwise unable to discharge the functions of a member o f the Board or continue to serve in the Board;
(c)is absent from three consecutive meetings of the Board without good cause and prior apology;
(d)is adjudged bankrupt or enters into a composition scheme or arrangement with his creditors;
(e)is sentenced by a court to imprisonment for a term of six months or more; or
(f)is convicted of an offence involving dishonesty or fraud.

7. Functions of the Board

(1)The Board shall be responsible for the management and administration of the Referral Hospital.
(2)Without prejudice to the generality of subparagraph (1), the Board shall—
(a)administer the property and funds of the Referral Hospital in such a manner and for such purposes as will, in the opinion of the Board, promote its best interests;
(b)receive on behalf of the Referral Hospital grants in aid, gifts, donations, fees, subscriptions or other moneys and approve disbursement;
(c)advise the Cabinet Secretary on policy matters relating to the treatment and care of persons with mental disorders; and
(d)do or perform all other necessary functions or activities of a National Teaching and Referral Hospital, including undertaking of any ventures for the purposes of raising revenues for the purposes of funding its activities wholly or in part.

8. Powers of the Board

(1)The Board shall have all the powers necessary to manage and administer the Referral Hospital in a manner that shall enable the realization of the objects and purposes for which the Referral Hospital is established.
(2)Without prejudice to the generality of subparagraph (1), the Board shall have the power to—
(a)open a bank account(s) for the funds of the Referral Hospital into which all moneys received by the Referral Hospital shall be paid in the first instance and out of which all payments made by the Referral Hospital shall be made;
(b)enter into any agreement or partnership with any public sector agencies and other parties for the operation of facilities, equipment or services of the Referral Hospital as necessary, in furtherance of the discharge of the functions of the Referral Hospital;
(c)acquire such land or assets for theproper performance of the functionsof the Referral Hospital;
(d)invest any of the Referral Hospital’s funds not immediately required for performance of the objects and purposes for which the Referral Hospital is established; and
(e)with the written prior approval of the Cabinet Secretary, carry out any other activity that in the opinion of the Board will promote and facilitate the realization of the objects and purposes for which the Referral Hospital is established.

9. Delegation by the Board

The Board may by resolution, in writing, either generally or for a particular case, delegate to any committee of the Board or Hospital management, the exercise of any of the powers or the performance of any of the functions of the Board under this Order or any other written law.

10. Chief Executive Officer

(1)There shall be a Chief Executive Officer of the Referral Hospital who shall be appointed by the Board on such terms and conditions of service as the Cabinet Secretary may in consultation with the Committee, approve.
(2)A person shall qualify for appointment as the Chief Executive Officer if that person—
(a)is a registered medical practitioner who holds a Master’s degree in a health related field;
(b)has had a distinguished career in a senior management position in either the private or public sector for at least ten years; and
(c)satisfies the requirements of Chapter Six of the Constitution.
(3)The Chief Executive Officer shall be responsible for the day-to-day operations and administration of the Referral Hospital, under the general direction and supervision of the Board.

11. Corporation Secretary

(1)The Board shall competitively recruit a person qualified, in terms of the law governing the practice of public secretaries in Kenya, to serve as the Corporation Secretary of the Referral Hospital.
(2)The Corporation Secretary shall be the Secretary to the Board and shall be responsible for arranging the business and meetings of the Board, the keeping of records of the Board’s meetings, the keeping of the records of the proceedings of the Board, and perform such other duties as the Board may direct.

12. Staff

The Referral Hospital may employ such other officers, staff or agents as it considers necessary for the discharge of its functions and duties under this Order, upon such terms and conditions as the Board may determine, in consultation with the relevant Government agencies.

13. Funds of the Referral Hospital

The funds of the Referral Hospital shall consist of—
(a)monies appropriated by Parliament for the purposes of the Referral Hospital;
(b)such monies or assets as may accrue to the Referral Hospital in the course of the exercise of its powers or in the performance of its functions under this Order;
(c)monies from any other source provided, donated, lent or given as a grant to the Referral Hospital; and
(d)any other funds designated for or accruing to the Referral Hospital by virtue of the operation of law.

14. Financial year

The financial year of the Referral Hospital shall be the period of twelve months ending on the thirtieth day of June in each year.

15. Annual estimates

The annual estimates of the Referral Hospital shall be prepared in accordance with the Public Finance Management Act (Cap. 412A).

16. Accounts and Audit

(1)The Board shall cause to be kept all proper audit books and records of accounts of the income, expenditure, assets and liabilities of the Referral Hospital.
(2)The accounts of the Referral Hospital shall be audited and reported upon in accordance with the Public Finance Management Act (Cap. 412A) and the Public Audit Act (Cap. 412B)

17. Protection from personal liability

No matter or thing done by the Board, Chairperson, any Board member, or any officer, employee or agent of the Referral Hospital shall, if the matter or thing is done in good faith and for the purposes of executing any provisions of this Order, render the Board, Chairperson, Board member, or any officer, employee or agent of the Referral Hospital or any person acting under the direction of those persons personally liable for any action, claim or demand arising from the same.

18. Liability for Damages

The provisions of this Order shall not relieve the Referral Hospital of the liability to pay compensation or damages to any person for any injury to that person or his interests caused by the exercise of any power conferred by this Order or by failure, whether wholly or partially, of any works.

19. Policies

The Board may make policies for the carrying into effect the provisions of this Order, and in particular, but without prejudice to the foregoing, make policies—
(a)with respect to the procedure for the appointment of all members of staff or officers of the Referral Hospital;
(b)with respect to the performance parameters and targets for any department, section, officer or member of staff of the Referral Hospital;
(c)with respect to fees and charges to be levied by the Referral Hospital with respect to its services; and
(d)outlining the Service Charter and deliverables of the Referral Hospital.

20. Annual report

The Board shall, on receipt of audited accounts for the preceding year, submit to the Cabinet Secretary an annual report in respect of that financial year, containing—
(a)the accounts of the Referral Hospital and statements referred to under paragraph 15(1);
(b)the Referral Hospital’s performance indicators and any other related information;
(c)a report on the operations of the Referral Hospital during that year; and
(d)such other information as the Cabinet Secretary may request.
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