The High Court has declared the executive order by President William Ruto that established a health taskforce unconstitutional. The 20-member taskforce, created on July 5, 2024, was tasked with addressing human resources for health issues in Kenya, but the court’s decision puts an end to its operations.
Justice Bahati Mwamuye, in delivering the verdict, emphasized that the taskforce’s existence violated constitutional principles, ruling it was unlawfully constituted. The judge further directed that the Kenya Health Human Resource Advisory Council, which was already in place, must be fully implemented within 30 days, underscoring the need for legally sound processes to guide health reforms.
The taskforce, chaired by Khama Rogo with Judith Guserwa as vice chair, included prominent figures such as Patrick Amoth, John Masasabi, and Wilson Aruasa, among others. Initially, the body was to serve a six-month term, but the President extended its mandate through a Gazette Notice issued on December 13, 2024, extending the taskforce’s work into 2025. Despite the extension, the court’s ruling has now effectively halted its operations.
The Ministry of Health had argued that suspending the taskforce would lead to a waste of taxpayer funds, given the stage at which the ruling was made. However, Justice Mwamuye firmly disagreed, stating that continuing to spend public resources on an unconstitutional taskforce would be an imprudent use of scarce government funds.
A key aspect of the ruling is the invalidation of any reports generated by the taskforce. Justice Mwamuye firmly stated that such reports would be “the roots of a poisonous tree” and could not be relied upon for further action. This decision underscores the court’s commitment to upholding the constitution and ensuring that government bodies operate within their lawful mandates.
This ruling marks a significant moment in the ongoing efforts to reform Kenya’s health sector. The government now faces the challenge of adhering to the court’s order while ensuring the timely implementation of the Health Human Resource Advisory Council’s recommendations. As the Ministry of Health moves forward with this task, the ruling serves as a reminder of the importance of constitutional integrity in the management of public affairs.
