Court Deems Ruto's 20-Member Taskforce Illegal
Justice Bahati Mwamuye revoked the task force’s mandate and ordered the Ministry of Health to establish the Kenya Health Human Resource Advisory Council within 30 days.
Marvin Chege 
The High Court has declared as unconstitutional, the presidential taskforce President William Ruto appointed to address challenges facing human resources in health.
Justice Bahati Mwamuye revoked the task force’s mandate and ordered the Ministry of Health to establish the Kenya Health Human Resource Advisory Council within 30 days.
"Pending the inter-partes hearing and determination of the Application dated 19/07/2024, a conservatory order be and is hereby issued suspending the Presidential Executive Order No. 5 of 2024 carried as Kenya Gazette No. 8437 of 2024 dated 05/07/2024 establishing the 'Presidential Taskforce on Addressing Human Resources for Health.'," the ruling obtained by Viral Tea reads in part.
The Milimani Law Courts in Nairobi. /FILE
Ruto, via a Gazette notice on July 6, 2024, had explained that the formation of the taskforce on Human Resources for Health was deemed necessary to formulate comprehensive strategies and policies to enhance the health care services in the country.
The Head of State also noted a need to assess and address current challenges and gaps in the recruitment, replacement, training and retention of healthcare professionals. Khama Rogo was appointed as the Chairperson of the task force and Judith Guserwa the Vice Chairperson.
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.
The ruling also prohibits the task force from utilizing or referencing any reports it produced, deeming its work legally invalid.
"Pending the inter-partes hearing and determination of the Application dated 19/07/2024, a conservatory order be and is hereby issued prohibiting the Respondents and all other persons and authorities from taking any action whatsoever pursuant to, in reliance of, or in implementation of the Presidential Executive Order No. 5 of 2024 carried as Kenya Gazette No. 8437 of 2024 dated 05/07/2024 establishing the 'Presidential Taskforce on Addressing Human Resources for Health.'," added the ruling.
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 High Court's ruling casts doubt on the government's strategy for health sector reforms and the legal basis for creating such bodies.
It also puts the Ministry of Health under pressure to enforce the existing advisory council as required by law within the given timeframe.
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 terms of reference included the following:
- Identify the Legal, Policy, Administrative and Operational constraints impeding the performance of the Health Sector in Kenya with regard to Human Resources for Health.
- Identifying and recommending legal, policy, administrative, institutional and operational Human Resources for Health Reforms in Kenya.
- Review the performance of Human Resources for Health (HRH) in Kenya and recommend improvements, as well as advising and recommending the legal, policy, administrative, institutional and operational framework for the management of human resources for health
- Review and advise on harmonization of the terms of employment for all healthcare workers in the spirit of equal work for equal pay, advise and recommend on the legal, policy, administrative, institutional and operational framework for the prioritization of employment of 20,000 healthcare workers.
