The Constitution of Kenya enshrines the basic right to health and healthcare. The Ministry of Health’s Kenya Essential Drugs List sets out the importance of ensuring essential medicines are valued at the lowest price for universal access. This commitment is currently threatened by corruption in pharmaceutical procurement.
The Public Procurement and Asset Disposal Act (2015) governs all procurement in all state organs and public entities in Kenya. It states that standard goods, services and works with known market prices shall be procured at the prevailing real market price. The law provides that “The Authority shall issue a quarterly Market Price Index as a reference guide to assist accounting officers make informed price decisions.”