Transfer of health to counties opposed

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Kenya medical practitioners, pharmacists and dentists union (KMPDU) secretary general Dr Boniface Chitayi (centre), national Treasurer Dr Wambui Waithaka (right) and chairman Dr Victor Ng'ani during a past press conference. Photo/FILE 

In Summary

• The transfer of health functions was done contrary to the law and the resultant effects are invalid, null and void”
  Lawyer Samuel Makori

By Nation Reporter
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A legal battle looms between medical practitioners and the Transitional Authority over the decision to devolve health services to county governments.

The practitioners, through their umbrella unions — Kenya Medical Practitioners, Pharmacists and Dentists Union, Kenya National Union of Nurses and the Kenya Health Professionals Society — filed an urgent petition seeking orders to stop the implementation of a gazette notice transferring health services to counties.

Through lawyer Samuel Makori, the unions argued that the Transitional Authority failed to follow the laid-down regulations and ascertain efficient rationalisation of medical practitioners before devolving health services.

“The authority has ignored and failed to ensure that there is in place legislation relating to health function before transferring them to county governments. The move was done without due regard to many factors and if implemented will affect quality provision of health services,” said Mr Makori.

He submitted that the authority failed to actively engage the medical practitioners in the transition process and that the policy of transferring health functions to counties would not achieve its intended purpose unless the practitioners’ input was considered.

“The transfer of health functions was done contrary to the law and the resultant effects are invalid, null and void,” said Mr Makori.

The medical practitioners want the Transitional Authority or any other body claiming to act under their authority restrained from enforcing the gazette notice until their petition is heard and determined.

Mr Justice Weldon Korir certified the matter urgent and directed the practitioners to serve the Transitional Authority before an inter-parties hearing on Friday.