Assessment of the compliance levels with Section 126a of the Public Health Act among public food enterprises in Bungoma County, Kenya

Abstract

Food enterprises in Kenya and Bungoma County experience challenges in complying with the provisions of section 126A of the Public Health Act (CAP 242). The county government invested limited resources to enforce public health laws regardless of the money collected in court fines and summons issued to proprietors due to non-compliance. Consequently, the objective of the study was to establish the level of compliance with the provisions of section 126A of the Public Health Act (CAP 242) by public food enterprises in Bungoma County, Kenya.  Analysis of literature indicated that since the year 2015, when the findings of this study were recorded, other studies that focus on the level of compliance with section 126A of the Public Health Act (CAP 242) in Bungoma County have remained either non-existent or inaccessible. The extent of awareness of CAP 242, level of training among proprietors of public food enterprises, and public food enterprises’ characteristics and practices are insightful variables in the compliance process. The study’s methodology entailed a cross-sectional survey, targeting public food enterprises in Bungoma County. A representative sample was obtained using the Fisher et al. approach. The total number of public food enterprises as per the records in the Bungoma County offices was 639. After sample size determination and applying inclusion and exclusion criteria, 149 respondents were selected to participate. Data was collected using facility inspection checklists, structured questionnaires, interviews, and focus group discussions, while analysis was done using Stata software. A Likert scale with a score of five (5) was used to measure the extent of compliance with each provision of section 126A, recording an average compliance level of 2.53 in the county. The results recorded in the specific provisions of section 126A encompassed the certificate of fitness (3.1), wells and water appliances (2.9), cooking apparatus and its accessories (2.1), repair of facilities and emergency exits (2.2), and excavations and projections (2.3). In addition, the mean compliance with provisions of sewerage facility was 2.2, provisions of hourly refuse management 2.6, provisions pertaining to managing sanitary facilities 2.1, ventilation provisions 2.9, and lighting provisions 2.9. The study recommends the need to adapt co-regulation and improve training and awareness levels to enhance compliance with section 126A of the Public Health Act among public food enterprises.