NAIROBI, Kenya – ICJ Kenya Monday Launched the stakeholder forum on health care governance in Kenya setting the stage for the development of the “Afya Bora Platform,” a dedicated forum to facilitate continuous discussions on healthcare governance in Kenya.
The platform aims to unite diverse stakeholders, including policymakers, healthcare professionals, civil society, and citizens, to address healthcare challenges and enhance governance structures.
“This forum will serve as a vibrant space for policymakers, healthcare professionals, civil society organisations, and citizens to engage in meaningful discussions, share insights, and propose innovative solutions to prevailing challenges in the healthcare sector.: said ICJ Kenya Executive Director Eric Mukoya.
The engagements further aim to foster collaborative approaches to enhance governance structures, promote accountability, and ensure equitable access to healthcare services for all Kenyans.
ICJ Kenya Executive Director Eric Mukoya during his opening remarks noted that, the right to health is not just an aspiration; it is a constitutional guarantee. Article 43(1)(a) of the Constitution of Kenya affirms that every person has the right to the highest attainable standard of health, including access to healthcare services.
“This is further reinforced by international legal instruments, including the Universal Declaration of Human Rights (UDHR), the International Covenant on Economic, Social and Cultural Rights (ICESCR), and the African Charter on Human and Peoples’ Rights.” he said.
Kenya’s healthcare system is at a critical juncture, marked by significant legislative reforms and persistent challenges. In 2023, the enactment of the Social Health Insurance Act, Primary Health Care Act, Facility Improvement Financing Act, and Digital Health Act was seen as a new dawn in healthcare governance in Kenya.
The establishment of the Social Health Insurance Fund (SHIF) and Social Health Authority (SHA) promised to revolutionise healthcare access and equity. However, a current stalemate in its implementation has left patients without the anticipated benefits. Citizens continue to face barriers such as inadequate access to quality healthcare services, lack of essential medicines, and systemic inefficiencies in healthcare delivery.
The transition from NHIF to SHIF, managed by SHA remains incomplete, leaving patients in limbo. Hospitals routinely turn away eligible patients due to systemic failures or bureaucratic hurdles. Stories abound of individuals who, despite being fully paid-up members, are unable to access the medical services they are entitled to.
Day after day, the headlines tell harrowing tales of patients dying because SHA delayed or outright denied approval for treatments.
Chronic illness patients are left fighting for care that should be their right, while hospitals grapple with mounting unpaid claims. In one particularly shocking incident, desperate patients stormed the Ministry of Health offices, demanding solutions to SHA’s glaring inefficiencies.
The tragic irony is that Universal Health Coverage, meant to alleviate suffering, has instead become a source of anguish. And for every inefficiency, for every delay, it is Kenyans who pay the ultimate price—sometimes with their lives.
This crisis is exacerbated by limited public engagement in shaping healthcare policies and governance structures. As healthcare remains a devolved function under the 2010 Constitution, coordination between the national and county governments is essential for equitable service delivery.
Moreover, international and regional best practices underscore the importance of inclusive stakeholder participation in addressing systemic health governance challenges.
It is under this note that ICJ Kenya seeks to elevate the conversation on Health Governance in Kenya in order to address these pressing issues, foster dialogue among key actors, and chart a path toward improved healthcare governance.
