NAIROBI, Kenya – The High Court has ruled that President William Ruto’s executive order establishing a task force on human resources for health is unconstitutional, delivering a significant blow to the government’s efforts to reform the sector.
Justice Bahati Mwamuye nullified the task force’s mandate and directed the Ministry of Health to fully implement the Kenya Health Human Resource Advisory Council within 30 days.
The ruling also bars the task force from using or relying on any report it had generated, declaring its work legally void.
“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,” Justice Mwamuye stated.
He rejected a plea from the Ministry of Health and task force lawyers to suspend the ruling, arguing that continuing its work would be an unjustifiable waste of public resources.
The Ministry of Health had contended that stopping the task force’s work at this stage would lead to a financial loss to taxpayers.
However, the judge dismissed this argument, asserting that allowing further expenditure on an illegal entity would only compound the waste.
President Ruto had appointed the 20-member task force on July 5, 2024, for an initial six-month term.
However, through a Gazette Notice dated December 13, he extended its tenure effective January 5, 2025.
The team, chaired by health expert Khama Rogo, was tasked with recommending legal, policy, and administrative reforms to address human resource challenges in the health sector.
The High Court’s decision raises questions about the government’s approach to health sector reforms and the legal framework guiding the establishment of such bodies.
The ruling now places pressure on the Ministry of Health to implement the existing advisory council, as mandated by law, within the stipulated timeframe.