The High Court has declined to suspend the gazette notice forming the presidential task force on addressing human resources for health.
Justice Jairus Ngaah declined to issue the stay as sought by the Law Society of Kenya and five others.
The applicants through advocate Dudley Ochiel argued that the task force duplicates and usurps the mandate of the Kenya Health Human Resource Advisory Council.
In their papers, they have sued Health Cabinet Secretary Susan Nakhumicha for allegedly failing to operationalise the Kenya Health Human Resource Advisory Council under section 30 of the Health Act 2017. Also sued is the Attorney General.
According to the court papers, the task force is timebound and must conclude in six months.
"Unless leave sought operates as a stay, the task force could convene, commence, and report while this case is pending," said Ochiel.
The petitioners told the court that despite the application, the risk of illegality and wastage of public funds looms large.
Justice Ngaah, however, certified their application as urgent and directed parties to appear before him on July 22 for a hearing of their motion.
The petitioners contest the constitutionality of Gazette Notice 8437 of 2024 forming a task force.
They have cited Article 201 of the constitution saying that public money must be used prudently and responsibly.
Other applicants in the case are a youth initiative identified as Tribeless Youth, Siasa Place, Wanjiru Gikonyo Kenya Human Rights Commission and Africa Centre for Open Governance.
Three days ago, President William Ruto appointed Khama Rogo the chairperson and Judith Guserwa the vice Chairperson of the task force.
Members of the team are 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.
