Medics warn over new law seeking to lock public officers out of private practice

KMPDU secretary-general Davji Atellah says the medics are not against the Bill, but before the President assents to it, the government should consider remunerating doctors according to the work they do.

"Doctors are meagerly paid, and they work in public hospitals because of their human nature but the salary is very little. Most hospitals cannot hire consultants and most of them have no supplies and equipment. If that is sorted, the Bill would be an advantage to public health care," Dr Atellah said.

He said for the Bill's intentions to be fully achieved, the government needs to invest more in the public health sector.

"Doctors don't rob public hospitals of their time of work, so one should not be stopped from offering their services to another hospital when off duty. But if the government wants to domesticate consultants and doctors, they should be ready to pay them," said Atellah

He further adds that implementation of the Bill will not improve service delivery in the public sector if the hospitals are operating in deplorable conditions

"Most hospitals in the counties have no doctors, medicine and equipment. Doctors in public hospitals are struggling to offer services due to a lack of supplies. To improve services, governors should be deliberate in investing in health care."

His sentiments are echoed by Peterson Wachira, the chairman of KUCO, who says medics operate their clinics during their free time to offer services lacking in the public sector.

"If the public hospital doesn't have a certain equipment or medication, the healthcare worker can provide in their private capacity as they see the gap."

Most medics work in private facilities due to a shortage of human resources. "We still fall short of the WHO doctor/nurse to patient ratio. That means those available should be able to offer services in different settings. Even those working in private facilities, if they are off duty, can offer their services elsewhere to cover the shortage," he said.

"Conflict of interest is a situation where the private interests of the public officer can reasonably be perceived to impair or influence the public officer's ability to act objectively in the performance of an official duty, or has private interests that could conflict with the duties of the public officer in future," the Bill says further.

It continues to say that a public officer shall disclose, in writing to the reporting authority, any offer of outside employment that could place the officer in a situation of conflict of interest. The disclosure should be done within seven days of receiving the offer.

"Offer of outside employment means formal proposal made to a public officer to work for or privately do business with," it states.

Health CS Susan Nakhumicha said it is in recognition of the need for improved accountability in service delivery that the government is taking various reform measures.

"Recently, the Cabinet approved the Conflict of Interest Bill 2023, which has been forwarded to the National Assembly, for further processing. It is envisaged that if enacted, into the law, the legislation will help to curb the challenge of conflict of interest such as procurement and financial management relating to health projects in the counties and at the national level," the CS said.

She further added that the government, through the office of the Prime Cabinet Secretary, is undertaking robust reforms in the performance contracting framework which is aimed at addressing the accountability deficit witnessed in the performance of public duty.

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