CIC joins petition seeking to stall devolution of health services
14 January 2014, 15:33
Nairobi - The Commission for the Implementation of the Constitution
(CIC) was yesterday allowed to join a petition seeking orders to suspend legal
notices on the devolution of health services.
High Court judge Isaac Lenaola allowed CIC’s application to
be enjoined in the case as an interested party challenging the misinterpretation
of a gazette notice by the Transition Authority officiating transfer of health
services to county governments.
CIC through lawyer Paul Otieno Nyamudi argued that the
petition concerns the interpretation of the constitutional provisions
relegating to devolution of health services to county governments and as such
matters devolution fall squarely within their mandate.
“CIC is mandated by Section 15(d) of the Sixth Schedule to
the Constitution and Section 4 of its Act to effectively monitor the
implementation of the system of devolved government, in the interest of
justice, it is imperative that CIC be enjoined forthwith to this petition,” Mr
Justice Lenaola’s move comes after Justice Mumbi Ngugi
allowed the Kenya National Union of Nurses (KNUN) to be enjoined as an
interested party in the suit too last December.
According to the Nurses’ Union Secretary General Seth
Panyako and lawyer Enonda Dickson KNUN needed to shed light into the issues
raised as they directly affect health workers.
Judge Mumbi had however demanded to know why the petitioners
Mr Okiya Omtata and Wycliffe Gisebe wanted the new suit on devolution of health
services be heard yet a similar was finalized by a three bench judge.
Lady Justice Mumbi had however asked the Transition
Authority and the Attorney General to respond to the suit but carefully counter
check on whether the suit addresses issues raised in judgment passed.
The activists claim the two cases are different as the
initial one tackled proper management of an illegality in the devolution of
health service while the new suit seeks to show that there is a
misinterpretation process which resulted to a crisis in the provision of health
The activists argued that the Transition Authority, the
Attorney General and the Council of Governors operationalized the distribution
of health functions to counties through a legal notice published in the Kenya
Gazette on August 9, contrary to schedule 4 of the constitution on the
distribution of functions between the national government and county
The alleged illegal legal notice purports the transfer of
Level 2 to Level 5 health facilities that constitute the national referral
health system from the national government to the county government.
The hearing of the case will be on January 28.
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