The care and protection of older members of society bill, 2018; PART III section 11 (1) states that “Home based care programmes established by a Home based care county government under section 10(2) (b) shall be implemented with respect to older members of society who (part d) are isolated and have no family member or care giver who can care for them” (Republic of Kenya, 2018b), page 342. This is an indication that before placement in a home-based care programme, the option on whether the person has a family member or caregiver is taken into consideration. In some cases, placement is made if the family member is not in a position to be a direct caregiver or has other responsibilities. Family carers often perform these duties due to cultural or spiritual reasons such as “fulfilment of a duty as a child”, “to return the favour of being a child” and” associated with a blessing i.e. to receive parental blessing.” PART III 59(f) also states Pursuant to Article 57 of the Constitution, every older member of society has the right to receive reasonable care, assistance, and protection from their family and the State  (Government of Kenya, 2010), page 38.

References:

Government of Kenya. (2010). The Kenya Constitution, 2010. Kenya Law Reports. http://www.kenyalaw.org/lex/actview.xql?actid=Const2010

Republic of Kenya. (2018b). The Care and Protection of Older Members of Society Bill, 2018. Kenya Gazette Supplement No. 73 (Senate Bills No. 17), pp. 333–363. Nairobi, Kenya. http://www.parliament.go.ke/sites/default/files/2018-08/The%20Care%20and%20Protection%20of%20Older%20Members%20of%20Society%20Bill%2C%202018.pdf