Court declares Ruto’s Health Taskforce on Human Resources unconstitutional » Capital News
NAIROBI Kenya, Feb 6 – The High Court has declared President William Ruto’s Executive Order establishing a taskforce to assess human resources for health unconstitutional.
In his ruling, Justice Bahati Mwamuye further directed the Ministry of Health to fully operationalise the Kenya Health Human Resource Advisory Council within 30 days.
Mwamuye prohibited the government and the Ministry of Health against taking any action or relying on the executive order.
“A declaration is hereby issued that executive order of establishing a Presidential Taskforce on addressing human resources for health is unconstitutional null and void,” he stated.
Mwamuye also rejected the request by the defense side from the Ministry of Health and the taskforce to suspend his decision stating that further expenditure of public funds in this matter would be an imprudent use of scarce taxpayer resources.
“I am satisfied that a 30-day stay would yield a report that would be the roots of a poisonous tree, especially after finding the taskforce to be unconstitutional,” said Mwamuye.
Ruto, 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 the need to assess and address current challenges and gaps in the recruitment, replacement, training and retention of healthcare professionals.
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.
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.