Man sues Nakuru County for increasing medical fees at Level 4 and 5 hospitals

An activist has sued the County Government of Nakuru for allegedly increasing medical fees in Level Four and Five Hospitals.

Laban Omusundi in a suit filed in the High Court in Nakuru, named the County Executive Committee Member for Health and the County Assembly as respondents in the case.

Omusundi claims the increased charges were done secretly and in a skewed manner without public participation.

“In this case, the charges imposed to health service consumers are indoor resolutions done without the dictates of public participation,” he stated in the petition.

He added that he has tried several times to seek information from the County Government on the criteria used to increase the charges but his efforts failed to bear fruits.

According to Omusindi on January 26, 2024, when he went to seek medical services at Nakuru Level 5 hospital, the general consultation fee was Sh100, later on June 14, 2024, the consultation fee had been increased to Sh200.

A bed in a Level 5 hospital, he said, costs a patient Sh1,000 per day and some are forced to share one bed, an x-ray goes for Sh1,500, a mortuary Sh500 per day, an assessment of PWDs Sh600/, and a CT scan Sh6,000.

He blamed the devolved unit for allegedly failing to create an environment for health care services to be accessible and affordable to Nakuru residents who are poor and vulnerable.

“Access to health care services is a right enshrined in the Bill of Rights Article 43 and health care services should be accessible and affordable. The duty bearers who are the Respondents herein have failed to make it so by the high charges imposed to the health care service consumers,” he stated.

According to his suit, the Health Department consumes around 30 percent of the county budget each financial year, with additional grants amounting to millions from external partners' funds which if managed will see people access quality and affordable healthcare.

“The charges imposed to health service consumers without public participation violates article 201 (a) of the Constitution which dictates public participation in financial matters and which has the potential to cause irreversible damages if the prayers in the notice of motion are not granted,” read the petition in part.

He said if the court does not stop the illegal action, the Constitutional violation will continue against the principle of good governance which dictates openness, transparency, and public participation.

He wants the court to issue orders suspending the decision by the County Government to impose the charges to access health care services or any fee paid for health care services in level 4 and 5 public hospitals without public participation.

Justice Heston Nyaga directed Omusundi to serve all the parties by close of business on Friday.

The court ordered the County Government and County Assembly to file their responses within 14 days.

The application will be mentioned on October 30, 2024, for directions.