Doctors threaten to sue State over health plan

By Patrick Beja

Kilifi, Kenya: Doctors in private practice have threatened court action to compel the Government to adopt social health insurance and achieve coverage for all Kenyans.

Under the umbrella of Kenya Association of Private Healthcare Providers, the doctors said the Government has delayed implementation of universal healthcare as provided for in the Constitution.

Speaking on Wednesday during the 42nd annual scientific conference organised by Kenya Medical Association (KMA) at Watamu in Malindi, the doctors said many Kenyans were being burdened by disease because the Government had failed to provide them with healthcare.

“We are prepared to take Government to court because lack of medical care has left majority of Kenyans vulnerable to disease and death,” said Dr George Rae. He said this in a session chaired by KMA chairman Dr Elly Nyaim Opot.

But, Prof Kiama Wangai from the Law Society of Kenya told the doctors that it was possible to take legal action against the Government over universal health care.

Another panelist and High Court judge Justice Richard Mwongo said the Bill of Rights allows any Kenyan to sue the State.

There was also debate over the freedom, by herbalists, to claim through Press advertisements that they can cure all manner of diseases without being regulated by Government. Doctors wondered why the Medical Practitioners and Dentists Board has taken a backseat where herbalists are concerned.

Law on herbalists

But the board’s Chief Executive Daniel Yumbya said they have only been mandated with regulating trained and registered medical practitioners and not herbalists.

Mr Yumbya said the herbalists fall under the Ministry of Sports.

“Tanzania has a herbalist board but in Kenya they are regulated under culture,” Yumbya explained.

Board member Alice Mwongela said there was lack of trust between patients and doctors because of communication breakdown.