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The Ministry of Health has opened a new battlefront with the introduction of a bill which civil rights groups have termed an affront to the Constitution and the devolution process.
In a surprising turnaround, the ministry has thrown out the much awaited Health Bill 2014, which it has been mid-wifing through an inclusive process for the last three years, and has replaced it with its own version - the Health Bill 2015.
The ministry has since sent the new bill, already approved by the Cabinet, to the parliamentary Committee on Health for processing.
However, several rights groups that were involved in the drafting of Health Bill 2014 have written to the National Assembly recommending either the adoption of the older bill or more public participation in the new one.
“The Health Bill 2014 which was largely driven by Constitution Implementation Committee (CIC) is a clearly superior and an inclusive product. The push for the new ‘rogue’ bill is evidence that some powerful elements want to cling to central powers,” said the Executive Director of KELIN Allan Maleche, one of the groups petitioning Parliament.
He alleged this was the beginning of a flawed process that could eventually end up in court because the new draft had ignored the provision for public participation.
The process had allowed a four-day public response in March, which the groups say was not adequate. They also complained the draft is not available online or in any other public platform.
Further, they say the process is confusing to the public because the Health Bill 2014 is still open for public contribution at the CIC. Others petitioning the National Assembly over the new draft are 1,500 groups in the health sector under NEPHAK, their umbrella body.
The groups claim there is collusion between the Afya House operatives and some elements in the National Assembly to bring back some devolved health aspects to the national government.
Sunday, the Kenya Medical Practitioners, Pharmacists and Dentists’ Union Chairman Samuel Oroko also asked Cabinet Secretary for Health James Macharia to withdraw the 2015 Health Bill.
Dr Oroko said the bill was out of touch with the aspiration of Kenyans and that contributions by healthcare workers were trashed by some people in the government to satisfy their personal interests.
In a move that empowers the national government to take back some of the devolved health responsibilities, the new bill proposes that further devolution will be done after considering a county’s capacity to assume responsibility.
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