The High Court has declared an executive order by President William Ruto establishing a task force on addressing human resources for health unconstitutional.
Justice Bahati Mwamuye, in annulling the executive order that established the task force, directed the Ministry of Health to fully implement the Kenya Health Human Resource Advisory Council within 30 days.
The judge also rejected a request by counsel for the Ministry of Health and the taskforce to suspend his decision.
"I am satisfied that a 30-day stay would yield a report that would be the roots of a poisonous tree, especially after finding the taskforce to be unconstitutional," said the Judge.
He emphasized that the report produced by the task force could not be used or relied upon in any way, asserting, "It would serve no purpose for the taskforce to continue down that path".
The Ministry of Health had argued that halting the taskforce's work at this late stage would result in a loss of taxpayer money.
However, Justice Mwamuye countered, stating that further expenditure of public funds in this matter would be an imprudent use of scarce taxpayer resources.
Initially established on July 5, 2024, the 20-member taskforce was to serve a six-month term.
However, in a Gazette Notice dated December 13, President Ruto announced the extension, effective January 5, 2025.
"It is notified for the general information of the public that, I, William Samoei Ruto...has further extended the period of the taskforce appointed vide Gazette Notice No. 3039...," it read in part.
It is chaired by Khama Rogo with Judith Guserwa acting as the vice chairperson.
Members include Patrick Amoth, John Masasabi, Toseef Din, Wilson Aruasa, Doreen Rhoda Kanyua, Dennis Miskellah and Francis Wafula.
Others are 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.
The President named Edna Tallam-Kimaiyo and Morris Kaburu as joint secretaries for the task force.
Hezron Omollo and Vivienne Eyase were appointed secretaries for the task force.
The task force was to identify and recommend legal, policy, administrative, institutional and operational human resources for health reforms in Kenya.