Second bid to stop health devolution flops

By WILFRED AYAGA and KURIAN MUSA

KENYA: The High Court dismissed as a waste of judicial time an attempt to halt the transfer of health facilities to the jurisdiction of county governments.

Justice Mumbi Ngugi declined to grant temporary orders stopping the transfer of Level 2 to Level 5 health facilities to the county level and termed it an effort to re-introduce through the back door an earlier petition that had been dismissed by the High Court.

Two petitioners, Okiya Omtatah and Nyakina Wycliffe Gisebe have sued the Transition Authority (TA) and the Attorney General on grounds that they failed to correctly interpret the issues of health referral facilities.

They have listed 47 health facilities in various counties, which they claim are legally national referral facilities and which should not be transferred to the counties.

“The National Government should bear overall responsibility for planning, financing, co-ordinating, delivery and monitoring health facilities,” they argued in their petition.

Last week, the High Court dismissed a case filed by Kenya Medical Practitioners, Pharmacists and Dentists Union (KMPPDU) challenging the transfer of health services to the counties.

Lost babies

They said, under the old Constitution, all health facilities which did not fall under the Local Government Act were under the jurisdiction of the National Government.

Justice Ngugi said the judgement issued by a three-judge Bench on the KMPPDU case had not been appealed and it would be futile to entertain another petition that contains similar issues.

“They should respect the judgement that had been given by the court and address the court on how the matters they raise are not similar to the previous petition,” Ngugi said.  The two petitioners claimed the two matters are different.

“The first petition was on management of personnel. The current one challenges the way TA interpreted the issues of referrals,” they told the court.

During yesterday’s proceedings, the Kenya National Union of Nurses was enjoined as an interested party.

Meanwhile, most health workers have resume their duties following a 10-day strike.

In Nyeri  and Kisumu counties, the hospitals were fully operational despite few people turning up. Speaking in Voi, Taita Taveta Governor John Mruttu, said health services in all public health facilities had resumed.Only a few hospitals remained closed.

An expectant woman who had sought assistance at Iten District Hospital in Elgeyo/Marakwet County, found the facility closed. She, lost her twins after a prolonged labour.

–Additional reporting by Lydiah Nyawira, Kevine Omollo, Robert Kiplagat and Renson Mnyamwezi