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NAIROBI: Governors have strongly opposed the proposed Health law, claiming it contains provisions that undermine devolution.
The Council of Governors (CoG) Tuesday poked holes in various clauses of Health Bill, 2015, which they alleged encroached on functions of the county governments and attempted to transfer them to the national government.
In a presentation before the National Assembly Health committee, CoG said the draft bill does not correctly reflect the institutions at the county level.
Governors Isaac Ruto (Bomet), James Ongwae (Kisii), Jack Ranguma (Kisumu) and Paul Chepkwony (Kericho) demanded that the proposed law be redrafted and warned that it would be unconstitutional if adopted in its current form.
“The bill seeks to create a domineering Ministry of Health at the national level and empower it to undertake devolved functions, contrary to clause 6(2), 189, 186 of the Fourth Schedule,” said Prof Chepkwony, who emphasised that Health is a devolved function.
“It omits some fundamental aspects of health like provision for the rights of vulnerable and marginalised groups in the sector. In essence, this bill seeks to amend the Constitution through the back door. Any attempts to revert the Health function to the centre requires a constitutional amendment and referendum.”
The county chiefs identified 17 issues, which they said are offensive and must be redrafted to conform with the devolved system of government. One of the issues, they said, is the language used in drafting the bill which they said is too technical.
OFFENSIVE CLAUSES
“Article 187 of the Constitution provides adequate mechanism for the Ministry of Health to undertake health functions, which is fully devolved through intergovernmental agreements. This must be followed to the letter. Any attempts to act contrary is unconstitutional,” stressed Chepkwony.
He lamented that the draft bill adopts a philosophy that undermines the functions, procurement and financial autonomy of counties in the Health sector.
They criticised the Government over attempts to manage referral hospitals (Level Five Hospitals) and to set policies and standards for the county health systems.
“The bill requires public participation. We are legislating for the future generation and therefore the offensive clauses should be relooked at,” said Ruto.
Ranguma, who is also the COG Health Committee chairman, said the bill should be withdrawn and redrafted, ensuring stakeholder participation.
The National Assembly Health committee Chairperson Rachael Nyamai (Kitui South), Robert Pukose (Endebees) and Fred Outa (Nyando) expressed reservations over the governors’ quest to have the bill redrafted.
Dr Nyamai recalled the council in a letter dated May had concurred with the recommendations presented by the Commission for the Implementation of the Constitution (CIC).
“I am taken aback by the arguments today. The council had supported the CIC bill saying it should be implemented in full. Do you (governors) really have interest in having this bill enacted? Let’s not focus so much on institutions but on public good,” said Nyamai.
But James Nyikal (Seme), a member of the Health committee, was in agreement with the governors that there should be no hurry in enacting the law.
“Counties must be consulted when making critical decisions. I think this committee should have no problem giving governors more time to present their concerns,” said Dr Nyikal.
Nyamai directed CoG to come up with its detailed recommendations by next Tuesday.
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