The High Court has refused to suspend the Gazette Notice that established a taskforce to audit human resources in the health sector.
However, the court has recognized the urgency of the matter and allowed applicants to seek interim relief once the substantive motion has been filed and served.
“The applicants are, nonetheless, at liberty to seek interim relief once the substantive motion has been filed and served,” read the court order.
The taskforce, which was set up by President William Ruto just three days ago, is a 20-member team tasked with auditing resources in the health sector.
The petitioners in the case argue that this taskforce duplicates and encroaches on the mandate of the Kenya Health Human Resource Advisory Council, a statutory body established under the Health Act of 2017.
The Petitioners’ Argument
The petitioners, represented by lawyer Ochiel Dudley, argue that if any public funds or time are spent on the taskforce, their application will be rendered futile.
Additionally, they cited Article 201 of the constitution saying that public resources should be used responsibly.
Following this the petitioners are in turn seeking the court’s intervention to stop any payments to the taskforce members.
Also, they want the court to restrain any person from facilitating the convening, reporting, or funding of the Presidential Taskforce on Addressing Human Resources for Health.
Furthermore, the petitioners are requesting the court to quash the Gazette Notice that formed the Presidential Taskforce in the first place.
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Ruto Appoints Taskforce Committee Members
On July 5th President William Ruto in a gazette notice established a 20-member task force to audit resources in the health sector.
According to Ruto, the formation of this taskforce was necessary for the formulation of comprehensive strategies and policies aimed at enhancing health care services in the country.
It was also tasked with reviewing the performance of human resources within the health sector, advising on and recommending a framework for the same, and establishing terms for all healthcare workers.
According to the Notice, the taskforce was to be chaired by Professor Khama Rogo, with Judith Guserwa serving as vice-chairperson.
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Other notable members include Acting Ministry of Health Director General Dr. Patrick Amoth, Kenya Medical Practitioners, Pharmacists and Dentists Union (KMPDU) Deputy Secretary General Dr. Dennis Miskellah, and Justina Wamae, a political aspirant in 2022.
Additional members are John Masasabi, Toseef Din, Wilson Aruasa, Doreen Kanyua, Francis Wafula, Habiba Mohamed, Lucy Mburu, Collins Kiprono, Victor Miseda, Christine Okoth, Carolyne Mage, Jacinta Rwamba, Kanyenje Gakombe, Moses Mukhwana, and Benard Choi.
To support its operations, the president also appointed Edna Kimaiyo and Morris Kaburu as joint secretaries, while Hezron Omollo and Vivienne Eyesa would serve as the task force’s secretariat.
They were appointed to serve for a period of six months effective from July 5, 2024, or for such longer period as may be specified by Notice in the Gazette.
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