The High Court has suspended President William Ruto's task force on health audit, which included Director General of Health Patrick Amoth, dealing yet another blow to the initiative.
In a ruling delivered on Thursday, Justice Bahati Mwamuye declared the Presidential Task Force on Health Audit unconstitutional stating that it had unlawfully usurped the role of the Kenya Human Resources Advisory Council rendering its formation and operations illegitimate.
"A declaration is hereby issued that Executive Order No. 5 of 2024, establishing the Presidential Task Force on Addressing Human Resources for Health, is unconstitutional, null, and void," ruled Justice Mwamuye.
Additionally, the court warned Health Cabinet Secretary Deborah Barasa and the Attorney General(AG) against taking any action based on President Ruto's directives regarding the task force.
"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," Justice Mwamuye ruled.
Further, the judge has directed the AG and the CS for Health to operationalise the Kenya Health Human Resource Advisory Council under section 30 of the Health Act, 2017 within 60 days.
The judgment comes after 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.
The task force was among those established by President Ruto in 2024 to tackle challenges in the public sector following the Gen Z-led anti-government protests that year.
Ruto had appointed Khama Rogo as the chairperson and Judith Guserwa as the vice chairperson of the task force.
Members of the team included the Director General of Health Patrick Amoth, John Masasabi, Toseef Din, Wilson Aruasa, Doreen Rhoda Kanyua, Dennis Miskellah, and Francis Wafula.
Others were 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.
The President named Edna Tallam-Kimaiyo and Morris Kaburu as joint secretaries for the task force with a mandate to identify the legal, policy, administrative, and operational constraints impeding the performance of the health sector regarding human resources for health.
Further, the secretariat of the taskforce was domiciled at the Ministry of Health and was expected to conclude its mandate in six months. However, President Ruto extended the task force's mandate by an additional 60 days in December 2024, allowing the team until March 2025 to finalize its recommendations.
