Ruto's taskforce on health illegal, High Court rules

The 20 people appointed by President William Ruto in July last year to investigate human resource issues in the health sector may have tried to resolve the tensions between the Ministry of Health, counties and doctors.

However, the efforts of the Presidential Taskforce on Health, led by Prof. Khama Rogo, have proven futile, and taxpayers’ money spent on their work has been deemed a waste.

On Wednesday, Justice Bahati Mwamuye ruled that the taskforce was illegally constituted, and despite submitting a report, the High Court found that their work cannot be used.

The taskforce had informed the National Assembly’s Health Committee that the numerous laws governing the sector had made it difficult to manage healthcare workers.

Although Attorney General Dorcas Oduor had pleaded for the orders to be suspended for at least 30 days, Justice Mwamuye stood firm, asserting that any product of an illegal entity is also unlawful.

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The judge also opened the possibility of legal action against individual members of the taskforce to recover taxpayers’ money, following his finding that the taskforce’s role was a duplication of the duties of another agency set up in 2023 to address the same issues.

“I am satisfied that a 30-day stay of execution would yield a report that originates from a poisonous tree. That report cannot be used anywhere and would serve no purpose. Further expenditure on it should not be incurred, as it would not be a prudent use of taxpayers’ money,” said Justice Mwamuye.

The judge explained that the taskforce was performing the same duties intended for the Kenya Health Human Resources Advisory Council (KHHCRAC), which President Ruto had inaugurated the previous year but had failed to operationalise.

Justice Mwamuye ruled that it was illegal and unconstitutional to appoint another team to carry out the same tasks designated for the council.

The judge directed that the Ministry of Health operationalise the advisory body within 30 days. The taskforce was established through Executive Order Number 5 of 2024.

Rogo was appointed as chair of the taskforce, with senior lawyer Judith Guserwa serving as his deputy.

The members included Dr. Patrick Amoth, John Masasabi, Toseef Din, Wilson Aruasa, Doreen Rhoda Kanyua, Dennis Miskellah, Francis Wafula, Habiba Mohamed, Lucy Mburu, Collins Kiprono, Victor Miseda, Christine Okoth, Carolyne Mage, Jacinta Rwamba, Justina Wamae, Kanyenje Gakombe, Moses Alutalala Mukhwana, and Benard Ondeng Otieno Choi.

Edna Tallam-Kimaiyo and Morris Kaburu were appointed as joint secretaries, and Hezron Omollo and Vivienne Eyase as secretaries.

However, Justice Mwamuye declared the Executive Order unconstitutional, null and void, and ruled that the government cannot take any action based on it.

“A declaration is hereby issued that Executive Order 5 of 2024 is unconstitutional, null and void,” he stated.

The judge made this ruling in response to a case filed by the Law Society of Kenya (LSK), which argued that the roles assigned to the taskforce were a direct duplication of the duties of KHHCRAC.

LSK contended that it was not a prudent use of taxpayers’ money to establish a body performing the same functions as another.

The society called on the court to declare the taskforce unconstitutional and void any work undertaken by its members.