The International Commission of Jurists, Kenyan section kicked off in earnest a validation exercise of the, ‘right to health bench book’. The book will among others serve as a legal resource guide for actors in the legal sector including judges, magistrates and legal practitioners. Key stakeholders in the judicial and legal sector attended the event in Nairobi.
The health bench book which is part of ICJ Kenya’s bid to unpack health rights for accountability to facilitate access to health services in Kenya project, seeks to contribute to the realisation of the right to health, which is a fundamental human right guaranteed in the Kenyan constitution.
The validation exercise which was officially opened by ICJ Kenya’s executive director, Elsy Sainna also saw stakeholders from the Kenya Judiciary Academy and the Centre for Reproductive Rights grace the milestone event.
Sainna, who hailed the consultatory discussions as an integral step in transforming health care in Kenya, noted that the bench book on health will address policy, legal gaps and challenges that impede access to healthcare services in Kenya.
“The bench book will act as a legal guide to judges and magistrates on right to health matters especially at a time where Kenya is pushing for the full realisation of universal health coverage,” she said.
The validation exercise was also graced by Court of Appeal judges Lady Jessie Lesiit and Lady Justice Lydia Achode JA among other senior judges and magistrates.
“This bench book will provide judges and magistrates with a comprehensive guide and informational source on all facets of the right to health as is best applicable in the Kenyan context,” Lesiit said.
With relevant stakeholders in the health sector also taking part in this crucial exercise, ICJ Kenya has developed knowledge products including a review of the legal and policy frameworks, a compendium on emerging and comparative jurisprudence and a bench book on the right to health in Kenya.
Dr Naomi Njuguna who spearheaded the development of the draft bench book said “A right without a remedy is an ineffective right. Indeed one can argue that it is not a right at all. Remedies are needed to address violations of various rights, including the right to health.”
“The right to health is a journey and not an event and in order for it to be achieved fully, we need to be deliberate. This exercise also requires participation and active agents of change,”Dr Mike Mulonga said.
The structure of the bench book sought to draw lessons from various landmark cases in the country and beyond, sampling jurisprudence on cases that addressed access and cost of health services, quality of care, patient safety and accountability, public health, emergencies and health security, sexual and reproductive health rights as well as autonomy and consent to treatment.
Other areas of focus included health information, products and technologies.
Feedback from stakeholders within the health sector will be incorporated in the final draft of the bench book before it is printed and disseminated to the public.
