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{
    "id": 1443546,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1443546/?format=api",
    "text_counter": 135,
    "type": "speech",
    "speaker_name": "Sen. Gataya Mo Fire",
    "speaker_title": "",
    "speaker": null,
    "content": "Secretary for Health did not engage with the Committee on these Regulations and Rules despite having been invited on three different occasions for a meeting with the Committee. The Cabinet Secretary sent letters explaining her unavailability, dated 22nd May, 2024, 18th June, 2024 and 21st June, 2024. The Committee sat and drew these findings. Having examined the regulations against the Constitution and other relevant laws, the Committee observed the following - Article 10 states that the national values and principles of governance bind all State organs, State officers, public officers and all other persons whenever they enact any law or make public policy decisions. Article 10(2) (a) further lists public participation as being one of the national values and principles of governance. In the explanation memorandum forwarded to the Committee, the Cabinet Secretary stated that the Ministry called for submissions from the public and stakeholders from private entities as well as public officers and members of the public. Article 43(1) of the Constitution of Kenya 2010 provides for the right of every person to the highest attainable standard of health, which includes the right to healthcare services, including reproductive healthcare to accessible and adequate housing and reasonable standards of sanitation, to be free from hunger and to have adequate food for acceptable quality; to clean and safe water in adequate quantities, to social security; and, to education. Article 43(2)(3) provides that every person shall not be denied emergency medical treatment and that shall provide a provident social security to persons who are unable to support themselves and their dependents. The regulations were intended to create a framework for the implementation of the Social Health Insurance Act to advance the realization of social economic rights under Article 43(1) of the Constitution of Kenya. Another observation was the legislative power was delegated under an Act of Parliament, that is, the Social Health Insurance Act, 2023, which delegates the regulations-making power to the Cabinet in dealing with matters of health in the country. The above understanding, the Fourth Schedule of the Constitution, indicates that the provision of primary healthcare is a devolved function, while the national Government through the Ministry of Health retains the role of policymaking and implementation under its mandate. The regulations are limited to the implementation of the Social Health Insurance Act. Based on this reason, there was a need for the regulations and rules to take notice of the importance of the county governments as key pillars for the implementation of such regulations to the public at the county level. Moreover, the Committee could not ascertain and verify from documentary responses submitted by the Ministry the extent to which the input from the counties through the CoG's submissions during public participation and other stakeholders' engagement was considered and incorporated into the final regulations. The regulations were also in line with Section (5) (a) of the Statutory Instruments Act 2023, which requires the regulation-making body to consult persons who are likely to be affected by the instruments. The Ministry presented an explanation memorandum, which explained that consultations were carried out. The scope, the outcome of such The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Director, Hansard and AudioServices, Senate."
}