ICJ-Kenya chairperson Protus Saende said the right to heath is far from being realised despite the existence of numerous policy and legislative frameworks in the country.
“The UHC programme that was meant to solve the cost challenge in the health sector has been slow. Similarly, the devolution of health services has had significant gains and monumental challenges,” he noted.
Saende named the challenges include; health staff management characterised by frequent strikes, poor cooperation and coordination between both levels of government demonstrated by inconsistencies on issues, and frequent delays in the transfer of funds among others.
Saende made the remarks on Tuesday during the launch of the Right to Health Bench Book: Select Decisions, Issues, and Themes.
Present at the event were Supreme Court judge and director general, Kenya Judiciary Academy Smokin Wanjala, Centre for Reproductive Rights associate director Martin Onyango and Danish ambassador to Kenya Stephan Schonemann.
The book was compiled by ICJ Kenya, the Kenya Judiciary Academy, and the Centre for Reproductive with the support from DANIDA through the URAIA Trust.
ICJ Kenya deputy executive director Demas Kiprono noted that the Judiciary plays a critical role in the enforcement of the right to health and in defining and clarifying aspects and contents of the right to health.
He said the book is an important resource of reference when it comes to health issues for judges magistrates, legal practitioners and Kenyans in general.
“It’s called a bench book because content is derived from decisions of the courts of law,” he stated.
Kiprono added that the book will contribute to certainty and uniformity in decision making because it will be a reference point when a judicial officer, a judge or a magistrate is confronted with an issue that has already been dealt with in the book.
“The contribution will be to avoid or eliminate contradicting decisions coming from our courts,” he explained.
Wanjala said the right to health is a cornerstone of social justice, and goes hand in hand with the dignity and equality that every person is entitled to under the law.
“This publication also arrives at a time when healthcare challenges, from pandemics to resource distribution, demand robust legal responses grounded in justice, fairness, and equity,” he said.
“We are keenly aware that our judgments and legal decisions have the power to shape the future of healthcare in Kenya, ensuring that no one is left behind—particularly the vulnerable, marginalised, and disadvantaged.”
