Implementation of the Universal Health Coverage may be affected because the Ministry of Devolution does not have a representative on the Kenya Medical Supplies Authority (KEMSA) board.
Documents filed in court by Chama cha Mawakili say the Ministry of Devolution has established infrastructural and regulatory framework necessary for UHC but is excluded from Kemsa board by the Health laws assented to by the President on May 13.
The Health Laws (Amendment) Bill of 2018 dated April 10 2018 amended various existing statutes in the health sector. Amongst them is the Kemsa Act where it deleted section 5(1) (d) and hence the PS in the Ministry of devolution is no longer a member of the Kemsa board.
The lobby group now wants the court to suspend the implementation of section 5 (1) (d) of the health act or the act entirely and allow Kemsa board to continue discharging its mandate.
It says following the enactment of the health laws amendment act, the PS of Devolution and Planning no longer sits on Kemsa board, which is prejudicial to the actualisation of UHC.
“By proposing to delete the said section it now means that PS Devolution can no longer be a member of Kemsa board and neither could the said PS’s designated representative in writing attend Kemsa meetings,” says the group.
Chama cha Mawakili argues that if the court does not suspend implementation of the Act, Kemsa's board is likely to make the decision and take measures without the involvement of the Ministry of Devolution and Planning.
They also argue that the Health Bill, having been passed and referred to the president for assent without the involvement of the Senate, is unconstitutional.
Those sued in the case are CS Health Sicily Kariuki, Kemsa and the Attorney General.
