The High Court has declared the presidential taskforce President William Ruto appointed to address challenges facing human resources in health unconstitutional.
Ruto established the Presidential Taskforce on Human Resources for Health in July 2024 to address critical challenges in Kenya's healthcare sector. The task force is chaired by Professor Khama Rogo.
However, the Law Society of Kenya (LSK) and other civil groups moved to court contending that the task force's formation was unconstitutional, arguing that it duplicated and usurped the mandate of the Kenya Health Human Resource Advisory Council, a statutory body established under the Health Act of 2017. They further criticised the government for not operationalising this council as mandated by law.
In a ruling on Thursday, February 6, Justice Bahati Mwamuye declared the Presidential taskforce unconstitutional.
The Attorney General asked the court to suspend the decision for 30 days as the tenure nears its end. However, Justice Mwamuye dismissed the application.
The 20-member team was initially given a six-month mandate to formulate strategies aimed at enhancing the recruitment, training, and retention of healthcare professionals.
The taskforce's objectives include identifying legal and administrative barriers impeding healthcare delivery and proposing comprehensive reforms to strengthen the workforce.
President Ruto extended the taskforce's mandate by an additional 60 days in December 2024, allowing the team until March 2025 to finalise its recommendations.
The taskforce is expected to advise on the employment framework for 20,000 healthcare workers, including doctors, nurses, and clinical officers, to improve the doctor-patient ratio in line with World Health Organisation standards.
Additionally, it will review the performance of existing human resources and suggest improvements to enhance service delivery across the country. The team's findings are anticipated to play a pivotal role in shaping the future of healthcare in Kenya.
This month, the taskforce presented its findings to the National Assembly's Committee on Health, highlighting several critical issues. These included structural inefficiencies within the Ministry of Health, regulatory conflicts between oversight bodies, data management challenges, and concerns over the quality of training for healthcare professionals.
The report emphasised the need for consolidating conflicting policy documents and establishing a centralised health data repository to enhance data security and accessibility.
