Gover­nors protest hir­ing of de­volved Health staff by min­istry

The Star (Kenya) - - Politics General -

Gover­nors have writ­ten a protest let­ter to the Health min­istry against the al­leged uni­lat­eral re­cruit­ment of staff to be de­ployed to the coun­ties.

This fol­lows an ad by the min­istry on Thurs­day that re­quested ap­pli­ca­tions for emer­gency de­ploy­ment in emer­gency and child-health ser­vices.

“While we recog­nise that the na­tional gov­ern­ment has con­sti­tu­tional re­spon­si­bil­ity to of­fer ca­pac­ity build­ing and tech­ni­cal as­sis­tance to the coun­ties, this does not man­date your min­istry to uni­lat­er­ally and with­out any con­sul­ta­tion pro­ceed to re­cruit staff for the coun­ties,” the Coun­cil of Gover­nors said in the Novem­ber 18 let­ter ad­dressed to Health Prin­ci­pal Sec­re­tary Ni­cholas Muraguri.

“In essence, it is not con­tem­plated un­der this func­tion that de­volved pow­ers are ex­er­cised by the min­istry. We ur­gently call upon your of­fice to im­me­di­ately with­draw the ad­vert.”

The gover­nors said health func­tions, ex­clud­ing na­tional re­fer­ral fa­cil­i­ties, had been fully trans­ferred to coun­ties by the Con­sti­tu­tion. They said Ar­ti­cles 6(2) and 189 cre­ate com­pul­sory obli­ga­tion for one level of gov­ern­ment not to in­ter­fere in the other’s ex­er­cise of its con­sti­tu­tional func­tions.

“In this re­gard, the county gov­ern­ments en­joy hu­man re­source re­cruit­ment au­ton­omy. It is not con­sti­tu­tion­ally per­mis­si­ble for the na­tional gov­ern­ment to re­cruit staff for de­volved health,” reads the let­ter signed by CoG chair­man Peter Munya (pic­tured).

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