The High Court Tuesday declined to suspend the gazette notice creating the presidential taskforce on addressing human resources for health.
However, the court has certified the matter as urgent.
Justice Jairus Ngaah declined to issue the stay as sought by the Law Society of Kenya and five others.
The applicants through advocate Dudley Ochiel argued that the taskforce duplicates and usurps the mandate of the Kenya Health Human Resource Advisory Council.
The group has sued CS Health Susan Nakhumicha for allegedly failing to operationalize the Kenya Health Human Resource Advisory Council under section 30 of the Health Act 2017.
Also sued is the Attorney General.
According to the court papers, the taskforce is time bound and must conclude in six months.
“Unless leave sought operates as a stay, the taskforce could convene, commence, and report while this case is pending,” said Ochiel.
The petitioners told the court that despite the application, the risk of illegality and wastage of public funds looms large.
Justice Ngaah however certified their application as urgent and directed parties appear before him on July 22 for hearing of their motion.
“The applicants are, nonetheless, at liberty to seek interim relief once the substantive motion has been filed and served,” reads the court order.
The matter by the petitioners contest the constitutionality of Gazette Notice 8437 of 2024 forming a taskforce.
They have cited Article 201 of the constitution saying public money must be used prudently and responsibly.
Other applicants in the case are a youth initiative identified as Tribeless Youth, Siasa Place, Wanjiru Gikonyo Kenya Human Rights Commission and Africa centre for open Governance.
Three days ago, president William Ruto appointed Khama Rogo the chairperson and Judith Guserwa the vice Chairperson of the task force.
Members of the team are Patrick Amoth, John Masasabi, Toseef Din, Wilson Aruasa, Doreen Rhoda Kanyua, Dennis Miskellah and Francis Wafula.
Others are Habiba Mohamed, Lucy Mburu, Collins Kiprono, Victor Miseda, Christine Okoth, Carolyne Mage, Jacinta Rwamba, Justina Wamae, Kanyenje Gakombe, Moses Alutalala Mukhwana and Benard Ondeng Otieno Choi.
Justina has declined the appointment citing maternity leave.
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