The High Court has ruled that the Presidential Taskforce, established by President William Ruto to tackle challenges in Kenya’s healthcare workforce, is unconstitutional.
In July 2024, President Ruto created the Presidential Taskforce on Human Resources for Health to address serious issues facing the healthcare sector.
The taskforce, which is led by Professor Khama Rogo, was tasked with finding solutions to the country’s health workforce shortages and other critical issues.
However, the Law Society of Kenya (LSK) and several civil society organizations filed a lawsuit against the formation of the taskforce.
They argued that its creation was unconstitutional because it interfered with the work of the Kenya Health Human Resource Advisory Council, a statutory body that was established by the Health Act of 2017.
The petitioners also criticized the government for failing to activate and operationalize this council, despite the legal requirement to do so.
On Thursday, February 6, 2025, Justice Bahati Mwamuye ruled in favor of the petitioners, declaring the Presidential Taskforce unconstitutional.
Following the ruling, the Attorney General requested that the court delay the decision for 30 days, citing that the taskforce’s term was almost over. However, Justice Mwamuye rejected this request.
The 20-member taskforce was initially given six months to develop strategies to improve the recruitment, training, and retention of healthcare workers in Kenya.
Its goals also included identifying legal and administrative barriers hindering healthcare delivery and proposing reforms to strengthen the healthcare workforce.
In December 2024, President Ruto extended the taskforce’s mandate for an additional 60 days, pushing the deadline for submitting recommendations to March 2025.
The taskforce was expected to provide advice on the employment of 20,000 healthcare workers, including doctors, nurses, and clinical officers, in a bid to improve the doctor-patient ratio in accordance with World Health Organization (WHO) guidelines.
The taskforce was also expected to assess the performance of current healthcare workers and suggest ways to enhance the quality of services provided across the country.
The findings from this taskforce were seen as essential for shaping the future direction of Kenya’s healthcare system.
Earlier this month, the taskforce submitted its report to the National Assembly’s Committee on Health, highlighting key challenges facing the healthcare sector.
The report identified issues such as inefficiencies within the Ministry of Health, conflicts between regulatory bodies, poor data management, and concerns about the quality of healthcare training programs.
One of the major recommendations from the taskforce was the need to streamline conflicting health policies and create a centralized health data system.
This would improve data security, accessibility, and overall management across the sector, which is critical for effective decision-making and service delivery.
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