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Medics cry foul over health bills

By GATONYE GATHURA

NAIROBI, KENYA: The Government is yet to honour key promises made to health workers last year, and this is contributing to the current disquiet in the sector.

During last year’s health workers’ strike, both the national and county governments promised that by February they would present to Parliament two policy bills for the management of a devolved health sector.

However, this is yet to see the light of day even with the devolution of 43,000 workers and most of the functions to the counties. Meetings to finalise the documents have been going on, and the latest one was slated for yesterday at a Nairobi hotel.

“The delay is causing a lot of anxiety among workers because the bills would provide the ultimate road map that will determine the future of the health sector in this country,” said Victor Ng’ani, chairman of the Kenya Medical Practitioners Pharmacists and Dentists Union.

Once the bills are prepared and approved by the Attorney General, they will be referred to Cabinet for scrutiny and approval and finally to Parliament — which will be breaking up in the next few weeks to start the national budgetary preparation process.

Sources in Parliament told The Standard that even in a most hurried process, these bills are unlikely to go through the whole process before July. This means health workers and their unions may have to wait much longer before a comprehensive legal structure is put in place so the disharmony in the sector might continue.

One of the main demands by the health workers is a health policy that among other things addresses their terms of employment, disengagement, training and inter-county and county to national governments transfers in a devolved system.

In December — following discussions with the unions — the two levels of government promised to prepare the two bills, one on health policy and the other a health bill to be developed consultatively under the Ministry of Health.

“These bills will be the legislative instrument for the overall health policy,” a statement signed by Cabinet Secretaries Ann Waiguru (Devolution), James Macharia (Health) and the Chairman of the Governors’ Council Isaac Ruto read in part.

The two sides had worked on a time line that would see the two bills ready for presentation to Parliament in February.

“Both bills will be developed and proposed to Parliament with a view to having them enacted by end of February 2014,” the statement partly read.

Dr Ng’ani said interest groups and certain constitutional offices that are demanding changes at every stage of the way are stalling the process.

“But we hope this will be streamlined soon and get the bills on their way to the legislative process,” he said.

But even in Parliament the bills could take longer, not because of the usually lengthy legislative process, but because the National Assembly Health Committee has taken sides on the issue.

Last week the committee after meeting with various representatives from the sector, recommended that the devolved health functions be returned to the National Government.

The two levels of government who argue that devolution in the sector has gone too far to be reversed and they would rather have the few wrinkles straightened out than recalling the train back to station are opposed to this position.

Over the weekend Macharia said the Government was committed to devolution. He downplayed the resignation of some doctors, saying they are of little consequence and a creation of the media.

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