Court Hands Ruto HUGE Blow By Declaring 20-Member Committee Unconstitutional
The High Court has suspended President William Ruto’s health audit task team, which includes Director General of Health Patrick Amoth, inflicting another damage to the effort.
Justice Bahati Mwamuye ruled on Thursday that the Presidential Task Force on Health Audit is unconstitutional.
He said that it had unjustly seized the role of the Kenya Human Resources Advisory Council, rendering its foundation and operations invalid.
“A declaration is hereby issued that Executive Order No. 5 of 2024, establishing the Presidential Task Force on Addressing Human Resources for Health, is unconstitutional, null, and void,” ruled Justice Mwamuye.
Court declares 20-member presidential task force to audit health resources unconstitutional, Justice Mwamuye finds it illegally usurped the role of Kenya Health Human Resources Advisory Council. https://t.co/DEv93N34qE
— Ali 'Mwamvita' Manzu (@Ali_Manzu) March 6, 2025
In addition, the court advised Health Cabinet Secretary Deborah Barasa and the Attorney General (AG) against acting on President Ruto’s task force directions.
“An order of prohibition is hereby issued restraining the respondent from taking any action pursuant to or reliance on Executive Order No. 5 of 2024,” Justice Mwamuye ruled.
Furthermore, the judge asked the AG and CS for Health to establish the Kenya Health Human Resource Advisory Council under Section 30 of the Health Act of 2017 within 60 days.
The decision came after the Law Society of Kenya (LSK) and other civil groups filed a lawsuit alleging that the task force’s formation was unlawful.
They claimed that it duplicated and usurped the mandate of the Kenya Health Human Resource Advisory Council.
The task force was one of those appointed by President Ruto in 2024 to address difficulties in the public sector following the Gen Z-led anti-government protests of that year.
Ruto appointed Khama Rogo as chairwoman and Judith Guserwa as vice-chairperson of the task team.
The team consisted of the Director General of Health, Patrick Amoth, John Masasabi, Toseef Din, Wilson Aruasa, Doreen Rhoda Kanyua, Dennis Miskellah, and Francis Wafula.
Others were 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.
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The President appointed Edna Tallam-Kimaiyo and Morris Kaburu as joint secretaries to the task force.
Their mandate is to identify the legal, policy, administrative, and operational obstacles that impede the health sector’s performance in terms of human resources for health.
High Court declares the Presidential Taskforce on Human Resources for Health, appointed by President William Ruto in July 2024 unconstitutional.
— Cyprian, Is Nyakundi (@C_NyaKundiH) February 6, 2025
Justice Bahati Mwamuye rules that the taskforce duplicates and usurps the mandate of the Kenya Health Human Resource Advisory… pic.twitter.com/sRTVL7GA5I
Furthermore, the task force’s secretariat was based in the Ministry of Health, and it was scheduled to complete its mandate in six months.
However, in December 2024, President Ruto extended the task force’s mandate for an additional 60 days, giving the team till March 2025 to finalize its recommendations.
Court Hands Ruto HUGE Blow By Declaring 20-Member Committee Unconstitutional
