High Court declares Ruto's health human resource taskforce unconstitutional

The High Court has ruled that President William Ruto's executive order, which established a task force to address human resources for health in Kenya, is unconstitutional.

Justice Bahati Mwamuye made the ruling on Thursday, declaring the formation of the Presidential Taskforce on Addressing Human Resources for Health illegal and instructing the Ministry of Health to fully implement the Kenya Health Human Resource Advisory Council within the next 30 days.

The judge also rejected a request by the Ministry of Health and the task force to delay the ruling for 30 days.

The application had been made by the Attorney General, who argued that suspending the decision would allow the taskforce to complete its work, as its mandate was nearing its end.

However, Justice Mwamuye disagreed, stating that allowing the taskforce to continue would be futile, as any report produced by the group could not be used or relied upon.

He said that continuing with the taskforce's work would lead to "the roots of a poisonous tree".

Duplicated responsibilities

The case was brought to court by the Law Society of Kenya (LSK) and other civil society groups, who argued that the taskforce was unconstitutional because it duplicated the responsibilities of the Kenya Health Human Resource Advisory Council, a statutory body created under the Health Act of 2017.

They also criticised the government for not operationalising the council as required by law.

In his ruling, Justice Mwamuye stressed that further spending on the taskforce would be a waste of public funds.

The Ministry of Health had argued that halting the taskforce at such a late stage would result in a loss of taxpayer money, but the judge dismissed this concern.

"It would serve no purpose for the taskforce to continue down that path," Justice Mwamuye said.

The taskforce, initially established on July 5, 2024, was meant to serve a six-month term. However, President Ruto extended its tenure in a gazette notice dated December 13, 2024.

The taskforce, which is chaired by Khama Rogo, with Judith Guserwa as the vice chairperson, was tasked with identifying and recommending reforms in the legal, policy, administrative, institutional, and operational aspects of human resources for health in Kenya.

Other members of the task force include Patrick Amoth, John Masasabi, Toseef Din, Wilson Aruasa, Doreen Rhoda Kanyua, Dennis Miskellah, and Francis Wafula.

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The task force also includes secretaries Edna Tallam-Kimaiyo, Morris Kaburu, Hezron Omollo, and Vivienne Eyase