President William Ruto suffered yet another setback in court on Thursday after a judge quashed his decision to form a taskforce on addressing Human Resources for Health in the country.
Justice Bahati Mwamuye ruled that the executive order issued by the President in July 2024 establishing the task force is unconstitutional, null and void.
The court found that the tasks given to the presidential task force should be performed by the yet-to-be-formed Kenya Health Human Resource Advisory Council (KHRAC) established under section 30 of the Health Act.
Hence, the judge directed the government to operationalise the Kenya Health Human Resource Advisory Council within 30 days.
To ensure the presidential taskforce chaired by Health Sector Specialist Khama Rogo does not continue with its work, the court issued an order restraining the Ministry of Health and the Attorney-General from taking any further action on the president’s executive order or relying on the same.
“A declaration is issued that the Executive Order No. 5 of 2024 of July 5, 2024 establishing the Presidential Taskforce on Addressing Human Resources for Health (HRH) is unconstitutional, null and void. The same is quashed and an order of prohibition restraining respondents from taking any action and relying on the executive order is hereby issued,” said the judge.
In a further blow to the State, the court rejected a request to suspend implementation of the judgment for 30 days to allow the taskforce complete its work and compile a report since it is at the final stages.
Judge Mwamuye concurred with the petitioner, Law Society of Kenya, that suspending execution of the judgement would deepen and continue the unconstitutionality found by the court.
“Having listened to both contrasting positions, I am satisfied that a 30-day stay of execution would yield a report that would be the product of a poisonous stay having stemmed from a task force found to be unconstitutional,” said the judge.
“In that regard, the report could not be used or relied on anywhere and would serve no purpose for the taskforce to continue down that path and further expenditure of scarce public funds in that respect,” he stated.
The taskforce was tasked to identify and make recommendations on areas of reforms concerning human resources for health (HRH).
The team has been receiving views from members of the public regarding the HRH in various thematic areas such as Workforce Production and Labour Market Dynamics; Governance, Policy & Legislative framework; HRH Data Generation, Usage and Management; and any other Health System reforms.
The President’s decision was challenged in court by rights groups led by the Law Society of Kenya, Tribeless Youths Kenya, the Law Society of Kenya (LSK), the Kenya Human Rights Commission (KHRC), Africa Centre for Open Governance (Africog), Siasa Place and activist Wanjiru Gikonyo.
In their petition, they raised concerns about the taskforce's mandate saying it had usurped duties of the Kenya Health Resource Advisory Council (KHRAC).
They further argued that formation of the task force was a violation of the Constitution - Article 201 - on prudent use of public funds.
