This archive report was first published on 25 May 2020.
On May 25, 2020, the High Court delivered a significant ruling in favor of the Machakos County government, dismissing a petition challenging its decision to shut down private health facilities and pharmaceutical shops operating near public hospitals within the county.
When Kenya adopted the devolved system of governance in 2013, health services were one of the key functions taken over by county units. However, the transition has been marred by constant battles between county governments and health workers over unpaid salaries and poor working conditions.
The Machakos County government's move to order the closure of private medical facilities operating within a 300-meter radius of Level Four and Level Five facilities sparked protests from operators. The county government accused private clinics, pharmacies, and laboratories of exploiting patients by overcharging for medical services that were supposed to be offered free in all public hospitals.
The High Court's decision has vindicated the county government's actions, and we welcome this legal conclusion. We urge all stakeholders to focus on delivering affordable and efficient health services to residents.
It makes no sense for taxpayers to finance the purchase of medicines for those visiting public facilities only to have them denied critical medicine by being referred to private facilities where the same drugs are sold exorbitantly.
The provision of quality and efficient healthcare must be entrenched in our public health system to ensure that the majority of Kenyans benefit from the same.
