In a significant ruling, the High Court has suspended President William Ruto’s health audit task force, which included key figures such as the Director General of Health, Patrick Amoth.
This decision has dealt a severe setback to the initiative, raising concerns about its constitutionality.
On Thursday, Justice Bahati Mwamuye declared that the Presidential Task Force on Health Audit was unconstitutional.
The court ruled that the task force had illegally taken over the responsibilities of the Kenya Human Resources Advisory Council, making its formation and operation unlawful.
Justice Mwamuye issued a clear declaration: “Executive Order No. 5 of 2024, which established the Presidential Task Force on Addressing Human Resources for Health, is unconstitutional, null, and void.”
In addition to this ruling, the court issued a warning to both Health Cabinet Secretary Deborah Barasa and the Attorney General (AG) to refrain from acting on any directives issued by President Ruto regarding the task force.
Justice Mwamuye stated, “An order of prohibition is hereby issued restraining the respondent from taking any action pursuant to or reliance on Executive Order No. 5 of 2024.”
The judge further instructed the AG and the Health Cabinet Secretary to implement the Kenya Health Human Resource Advisory Council, as mandated by section 30 of the Health Act of 2017, within 60 days.
This judgment followed a legal challenge brought by the Law Society of Kenya (LSK) and other civil organizations.
They argued that the formation of the task force was unconstitutional, as it duplicated and overstepped the role of the Kenya Health Human Resource Advisory Council.
The task force was one of the initiatives set up by President Ruto in 2024 to address challenges in the public sector, following the wave of protests led by Gen Z activists that year.
The task force was initially led by Khama Rogo as the chairperson and Judith Guserwa as the vice chairperson.
Other members included Patrick Amoth, the Director General of Health, John Masasabi, Toseef Din, Wilson Aruasa, Doreen Rhoda Kanyua, Dennis Miskellah, and Francis Wafula.
Other notable members included Habiba Mohamed, Lucy Mburu, Collins Kiprono, Victor Miseda, Christine Okoth, Carolyne Mage, Jacinta Rwamba, Justina Wamae, Kanyenje Gakombe, Moses Alutalala Mukhwana, and Benard Ondeng Otieno Choi.
Edna Tallam-Kimaiyo and Morris Kaburu were appointed as the joint secretaries for the task force, tasked with identifying the legal, policy, administrative, and operational barriers affecting the performance of the health sector, particularly concerning human resources for health.
The task force’s secretariat was placed under the Ministry of Health, with a mandate to complete its work within six months.
However, in December 2024, President Ruto extended the task force’s mandate by another 60 days, pushing the deadline for the final recommendations to March 2025.
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