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Governors have opposed the proposed Health law, saying it contravenes the Constitution as it fails to recognise the existence of the two levels of government.
The county chiefs criticised the Health Bill, 2015, arguing that consultation with county governments was not exhausted during it’s drafting. They maintained that health is a fully devolved function and accused the government of trying to seize county healthcare services.
Under the Fourth Schedule, counties are assigned county health facilities and pharmacies, ambulance services, promotion of primary health care, licensing and control of undertakings that sell food to the public, veterinary services (excluding regulation of the profession), cemeteries, funeral parlors and crematoria and refuse removal, refuse dumps and solid waste disposal.
The governors stressed that the proposed law contravenes Article 6 (2), 189, 186 of the Constitution and the Fourth Schedule.
“Counties should not be viewed as mere stakeholders but ought to respected as legitimate actors in the statutory development process,” said Bomet Governor Isaac Ruto. He added: “Counties and the Ministry of Health are like the co-joined twins, joined at the hip in so far as health service delivery is concerned.”
Kericho governor Paul Chepkwony said Article 187 of the constitution stipulates how either level of government can surrender function to another. “Level Five hospitals have already been transferred to counties and to attempt to take them back to the National level, through a statutory classification is a direct attack on devolution,” warned Prof Chepkwony.
He added: “The draft Bill appears to undermine the functions, procurement and financial autonomy of counties in the health sector. The constitution assigns the National facilities to the government and they existed before the promulgation of the constitution.”
The governors fault the Bill, saying it is not systematic, and does not correctly reflect the institutions and functions of devolved units by failing to harmonise the relationship between the National government and the counties.
“The Council of Governors wants the Bill reviewed, redrafted in acceptable perspective and where necessary delete offending clauses. Counties are a critical player in the health sector,” said Kisii Governor James Ongwae.
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