The High Court has suspended President William Ruto’s task force on health audit, dealing yet another blow to the initiative. The ruling, delivered on Thursday by Justice Bahati Mwamuye, declared the Presidential Task Force on Health Audit unconstitutional, stating that it had unlawfully usurped the role of the Kenya Health Human Resource Advisory Council, rendering its formation and operations illegitimate.
“A declaration is hereby issued that Executive Order No. 5 of 2024, establishing the Presidential Task Force on Addressing Human Resources for Health, is unconstitutional, null, and void,” ruled Justice Mwamuye.
Additionally, the court warned Health Cabinet Secretary Deborah Barasa and Attorney General (AG) Justin Muturi against taking any action based on President Ruto’s directives regarding the task force.
“An order of prohibition is hereby issued restraining the respondent from taking any action pursuant to or reliance on Executive Order No. 5 of 2024,” Justice Mwamuye ruled.
Further, the judge directed the AG and the CS for Health to operationalise the Kenya Health Human Resource Advisory Council under Section 30 of the Health Act, 2017, within 60 days.
The ruling follows a petition by the Law Society of Kenya (LSK) and other civil groups, who argued that the task force’s formation was unconstitutional, contending that it duplicated and usurped the mandate of the Kenya Health Human Resource Advisory Council.
The task force was among those established by President Ruto in 2024 to address challenges in the public sector following the Gen Z-led anti-government protests that year. Ruto had appointed Khama Rogo as chairperson and Judith Guserwa as vice chairperson of the task force. Members included Director General of Health Patrick Amoth, John Masasabi, Toseef Din, Wilson Aruasa, Doreen Rhoda Kanyua, Dennis Miskellah, and Francis Wafula.
Others named to the task force were Habiba Mohamed, Lucy Mburu, Collins Kiprono, Victor Miseda, Christine Okoth, Carolyne Mage, Jacinta Rwamba, Justina Wamae, Kanyenje Gakombe, Moses Alutalala Mukhwana, and Benard Ondeng Otieno Choi.
President Ruto had also appointed Edna Tallam-Kimaiyo and Morris Kaburu as joint secretaries of the task force, mandating them to identify legal, policy, administrative, and operational constraints hindering the health sector’s performance regarding human resources. The task force was initially expected to complete its mandate in six months, but Ruto extended its term by an additional 60 days in December 2024, allowing it to operate until March 2025.