Ksh100,000 Fine For Kenyans Making Herbal Medicine Without Following Regulations

The Kenya Drugs Authority Bill, 2022, introduced by the Ministry of Health, has put forth strict measures for individuals involved in the sale of herbal medicine.

Kenyan citizens must adhere to the requirements stated in this particular bill proposed to the Parliamentary Health Committee. Failure to do so will be considered a violation of the law. This can lead to a maximum fine of Sh100,000, one-year imprisonment, or both. The proposed bill defines herbal medicine as substances sourced from plants that can elicit therapeutic or health benefits for humans or animals.

Furthermore, the legislation specifies that herbal medicine can consist of raw or processed ingredients sourced from one or more plants, as well as materials of inorganic or animal origin. Herbalists will only be held accountable for the aforementioned offences if the medicine was used per the instructions on the label or in a manner that is customary for its intended purposes. In addition, the Ministry of Health has proposed that the sale of herbal medicine containing any filth or harmful foreign substances, in whole or in part, will be considered an offence.

Upon passing the bill, the sale of unhygienically handled herbs for medicinal purposes will be deemed unlawful. Furthermore, peddling herbal products with misleading therapeutic cosmetic labels will be regarded as an infringement. If the bill is enacted, the Kenyan government will set up the Kenya Drugs Authority to regulate the control and administration of drugs and chemical substances.

The regulations of medical devices and healthcare technologies will also be under the purview of the Authority. Additionally, the responsibility of drug safety regulation and other similar issues will align with the principles and objectives of a decentralized government.