Governors oppose Uhuru’s order on HIV control unit
Governors have sued the Ministry of Health over the establishment of an authority that they claim takes away county functions and plans to change the mandate of an Aids parastatal.
In two separate petitions filed by governors against the ministry, the county bosses indicated that there was an attempt by the government to manage the health docket yet it is devolved.
The first petition in the High Court, Constitutional and Human Rights Division, is against the establishment of the Kenya Tissue and Transplant Authority. It’s filed against the Health CS Mutahi Kagwe and the Attorney-General.
Fourth schedule
The Senate has been enjoined as an interested party in the matter. The petition challenges the establishment of the authority contrary to provisions of the fourth schedule of the constitution, which has devolved the provision of health services to the counties.
“CS Kagwe issued an executive order vide legal notice 142 of 2022 establishing the authority, which unprocedurally attempts to assign the delivery of the health function to it. The impugned executive order greatly claws back on the roles of county governments,” It states.
In a separate petition filed in the High Court by lawyer Peter Wanyama, the governors challenge the change of naming and restructuring of the National Aids Control Council (NACC).
On August 4, President Uhuru Kenyatta signed a legal notice seeking to change NACC to the National Syndemic Diseases Control Council, taking over all the rights, duties, obligations, assets and liabilities of NACC.
The restructuring also meant that the council had been assigned more roles beyond just tackling the HIV epidemic.
Roles of agency
Apart from HIV, the agency will manage tuberculosis, malaria, sexually transmitted infections, malaria, tuberculosis, leprosy and lung diseases.
The agency will also be in-charge of terminal illnesses and other diseases that are some of the leading causes of death, and donor health plans, including resource mobilisation and accountability.
The new council, according to the order, shall develop policies and guidelines relevant to the prevention and control of syndemic diseases, mobilise resources for control and prevention and provide grants to implementing agencies.
The council will also coordinate, supervise and ensure accountability for the implementation of syndemic diseases programmes while collaborating with local and international agencies, which work in syndemic diseases control.
“The council will take a leadership role in advocacy and public relations for the prevention and control of syndemic diseases and mobilise government ministries, counties and institutions to participate in syndemic diseases control and prevention,” says the order.
Devolved units not involved
In the petition, the governors have, however, said the notice failed to involve the devolved units and going ahead with implementing the order will limit the powers of county governments.
“Restructuring, re-assigning counties functions and allocation of resources is to the disadvantage of county governments. It is in the interest of justice, that the orders sought herein be granted and interim relief issued to ensure cooperation between the county and national governments in accordance with the constitution,” says the petition.
The governors are seeking an order stopping the continued implementation of the legal notice.
Immediate degazettement
Civil society organisations in health sector have joined governors in calling for immediate degazettement of the executive order citing lack of consultation in the process.
They mentioned that NACC does not have the capacity to conduct the expanded mandate based on their previous records, highlighting inefficiency gaps in funds utilisation which stood at 16 per cent of the global fund grant with only one year of implementation remaining.
“The executive order goes against the spirit of the Health Act of 2017, the HIV Prevention and Control Act 2006, Public Health Act cap 242, Malaria Prevention Act Cap 246, the Public Finance Management Act 2012 and the spirit of universal health care,” says Emily Murkomunene the leader.
She adds: “We are demanding that the government halts the implementation of the order until adequate multi-sectoral stakeholder engagement, including public education and participation, has been conducted,” she said. BY DAILY NATION

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