Challenges of devolved health care in Kenya: an analysis of the policy and legislative framework

This paper comes in the wake of the COVID-19 Pandemic. A pandemic that not only ground the world to a halt, but one that also forced governments and stakeholders alike to critically evaluate the health sector. Inherent challenges plaguing the sector have been emphasized, and latent challenges brough...

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Main Author: Naomi GICHUKI
Format: Article
Language:English
Published: Nomos Verlagsgesellschaft mbH & Co. KG 2021-02-01
Series:KAS African Law Study Library
Online Access:https://www.nomos-elibrary.de/10.5771/2363-6262-2020-4-501
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author Naomi GICHUKI
author_facet Naomi GICHUKI
author_sort Naomi GICHUKI
collection DOAJ
description This paper comes in the wake of the COVID-19 Pandemic. A pandemic that not only ground the world to a halt, but one that also forced governments and stakeholders alike to critically evaluate the health sector. Inherent challenges plaguing the sector have been emphasized, and latent challenges brought to the surface. In Kenya, health is the largest devolved function of government, thanks to the Constitution of 2010, which devolved administrative and other governance functions to the 47 counties. Through what should have been a transitional period until now, devolution continues to present diverse administrative and governance challenges across the board, and the health sector, like many others, has not been spared. This paper examines the concept of health in light of public health and as a fundamental human right. This is followed by an examination of the policy and legislative framework that informs, guides, governs and regulates the health sector in Kenya as well as an exposition of the core challenges affecting the health sector. Recommendations and further areas of research form the conclusion of this paper.
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spelling doaj.art-983d15bee6804d50bfe60fc88abcf1e92023-03-17T07:00:11ZengNomos Verlagsgesellschaft mbH & Co. KGKAS African Law Study Library2363-62622021-02-017450152410.5771/2363-6262-2020-4-5011057712363626220204501Challenges of devolved health care in Kenya: an analysis of the policy and legislative frameworkNaomi GICHUKIThis paper comes in the wake of the COVID-19 Pandemic. A pandemic that not only ground the world to a halt, but one that also forced governments and stakeholders alike to critically evaluate the health sector. Inherent challenges plaguing the sector have been emphasized, and latent challenges brought to the surface. In Kenya, health is the largest devolved function of government, thanks to the Constitution of 2010, which devolved administrative and other governance functions to the 47 counties. Through what should have been a transitional period until now, devolution continues to present diverse administrative and governance challenges across the board, and the health sector, like many others, has not been spared. This paper examines the concept of health in light of public health and as a fundamental human right. This is followed by an examination of the policy and legislative framework that informs, guides, governs and regulates the health sector in Kenya as well as an exposition of the core challenges affecting the health sector. Recommendations and further areas of research form the conclusion of this paper.https://www.nomos-elibrary.de/10.5771/2363-6262-2020-4-501
spellingShingle Naomi GICHUKI
Challenges of devolved health care in Kenya: an analysis of the policy and legislative framework
KAS African Law Study Library
title Challenges of devolved health care in Kenya: an analysis of the policy and legislative framework
title_full Challenges of devolved health care in Kenya: an analysis of the policy and legislative framework
title_fullStr Challenges of devolved health care in Kenya: an analysis of the policy and legislative framework
title_full_unstemmed Challenges of devolved health care in Kenya: an analysis of the policy and legislative framework
title_short Challenges of devolved health care in Kenya: an analysis of the policy and legislative framework
title_sort challenges of devolved health care in kenya an analysis of the policy and legislative framework
url https://www.nomos-elibrary.de/10.5771/2363-6262-2020-4-501
work_keys_str_mv AT naomigichuki challengesofdevolvedhealthcareinkenyaananalysisofthepolicyandlegislativeframework