A Kenyan High Court has declared President William Ruto’s executive order establishing a taskforce on human resources for health unconstitutional, ruling that it violates existing legal frameworks.
Justice Bahati Mwamuye, who delivered the verdict, directed the Ministry of Health to fully operationalize the Kenya Health Human Resource Advisory Council within 30 days. He also barred the government from implementing or relying on the executive order in any capacity.
“The executive order establishing a Presidential Taskforce on addressing human resources for health is unconstitutional, null, and void,” Mwamuye stated.
Court Rejects Suspension Request
The judge dismissed a request from the Ministry of Health and the taskforce to suspend the ruling, arguing that continued use of public funds on an unconstitutional body would be an irresponsible expenditure of taxpayer money.
“A 30-day stay would produce a report that stems from an illegitimate process—essentially the roots of a poisonous tree,” Mwamuye ruled.
President Ruto had defended the taskforce, saying it was necessary to develop policies to improve healthcare services and address challenges in recruitment, training, and retention of medical professionals.
Legal Challenge and Ruling
However, the Law Society of Kenya (LSK) and civil society groups challenged the taskforce’s formation in court, arguing that it duplicated the mandate of the Kenya Health Human Resource Advisory Council, which the government had failed to operationalize.
The court also ruled that any reports produced by the taskforce are legally invalid and cannot be used.
Additionally, the Attorney General requested a 30-day suspension of the decision, citing the taskforce’s nearing completion. However, the court dismissed the request, reinforcing its stance that the executive order was unconstitutional.