The deal, signed by 34 county governments to support the Social Health Authority (SHA), has raised concerns about its legality and the potential risks to patients’ healthcare.
The issue came to light after Nyeri Governor Mutahi Kahiga, also the Council of Governors (CoG) National Deputy, testified before the Senate Public Accounts Committee.
Kahiga admitted that counties had been pressured to sign the agreement despite lacking critical details about the procurement process or the companies providing the equipment.
“We did not procure the machines; it’s the Ministry of Health that handled the procurement,” Kahiga told the committee led by Senator Moses Kajwang. “They advertised in the newspapers, but we were not involved. Counties were left with no choice because we cannot afford to buy the equipment ourselves.”
Kahiga disclosed that the national government preselected 23 categories of medical equipment, leaving counties to choose what best suited their needs without prior knowledge of the suppliers or how the selection process was conducted.
“We are just landlords,” he remarked, hinting at the limited role counties played in the arrangement.
The governor defended the decision, citing the urgent need to maintain healthcare services.
“Dialysis machines in county hospitals are no longer functional because the equipment provided under the Medical Equipment Scheme (MES) has run its course. Patients’ lives are at risk,” he explained.
Despite this justification, Kahiga acknowledged the rushed nature of the agreement.
“We might crash along the way. I don’t want to say this is the best deal because I’m not sure it will work,” he admitted.
Senators were unimpressed by Kahiga’s defense, with some accusing the CoG of undermining devolution by allowing the national government to control devolved functions.
“What law are you using to sign this contract? Did you consult your attorneys before signing?” Busia Senator Okiya Omtatah asked.
Committee Chair Moses Kajwang echoed these concerns, warning against compromising public healthcare.
“We want to tell the ministry: You can’t procure for county governments. You can’t gamble with people’s health and lives,” he said.
The deal’s structure has also come under scrutiny. Under the intergovernmental participation agreement, counties select the equipment they need, but the providers install and operate it while billing the National Insurance Authority for services.
While the agreement aims to ensure affordable healthcare, critics argue that the opaque process could lead to inefficiencies and corruption.
Kahiga’s admission of uncertainty about the deal’s viability has further fueled skepticism.
The Senate’s probe into the arrangement continues, with legislators vowing to hold the national government accountable for what they see as an encroachment on devolved healthcare functions.