NAIROBI: The row between the national and county governments over management of health services has intensified, with governors petitioning the Senate to investigate the Sh38 billion medical equipment leasing project.
The Council of Governors (CoG) has written to Speaker Ekwee Ethuro, accusing the Ministry of Health of forcing counties to sign memorandums of understanding (MoUs) for the medical equipment leasing scheme.
The CoG accuses the ministry of tendering for the equipment without consulting governors and is now forcing counties to sign the contracts.
"Despite clear indications from county governments that the Ministry of Health is overstepping its mandate, the ministry is pressuring counties to sign the disputed MoUs," a letter from outgoing chairman Isaac Ruto dated May 5 reads in part.
Other than the Sh38 billion deal, governors have also petitioned the Senate to intervene in a decision by the Ministry of Health of sending World Bank funds directly to health centres and dispensaries.
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According to the letter that has been tabled in the House, the CoG says article 6 (2) of the Constitution provides that the governments at the national and county levels are distinct and inter-dependent and shall conduct their mutual relations on the basis of consultation and co-operation, while article 187 provides for power and functions of each government.
"The national government is not indicating the source of the money in the deal. It's not clear whether its conditional or unconditional grant to the county governments as provided for in article 202 of the Constitution," Ruto's letter states.
The governors say that in implementing the project, the national government has not consulted them in accordance to article 6 (2) and 189 of the Constitution.
The county chiefs want the Senate to probe the extent to which the ministry has executed contracts with the medical equipment services providers.
In February, governors boycotted the signing ceremony of a Sh38 billion equipment tender for decentralising specialised health services that was presided over by President Uhuru Kenyatta.
The ceremony went ahead even as it emerged that CoG chairman Ruto, Jack Ranguma (Kisumu) and James Ongwae (Kisii) had been invited to State House in Nairobi to be part of the occasion but chose to give it a wide berth.
A week later, Deputy President William Ruto chaired an Intergovernmental Budget and Economic Council where it was resolved that the plan to roll out the scheme be shelved until the two levels of government iron out underlying issues.
However, two days later, the Ministry of Health forwarded an MoU to counties, asking them to sign it in readiness for the programme.
Meanwhile, new CoG chairman Peter Munya yesterday vowed to resist any attempts by the Government to reverse transfer of health functions.
Former CoG chairman Ruto and vice chairman Salim Mvurya backed him.
They appealed to the Senate to intervene on the matter following the MoU sent to county governments on the leasing of health equipment.
The governors have petitioned the House through Senator Hassan Omar (Mombasa), who sought the speaker's guidance. Speaker Ethuro committed the petition to the Health committee chaired by Senator Mohammed Kuti (Isiolo) and directed that it initiates a probe and table a report before the House.
