Petitioners challenge constitutionality of Kenya National Public Health Institute

NAIROBI, Kenya, Mar 10 – Two petitioners have urged the Judiciary to deem the Kenya National Public Health Institute (KNPHI) unconstitutional, arguing that it was illegally established and operated.

In a petition tabled by the Kisii High Court, the two, Marage Gikenyi and Eliud Karanja, noted that the national government operating the institution is unconstitutional since the country’s public health is the function of the county governments.

The two noted that the national government should only operate the institution if the county government transfers the institution’s functions to the national government, a procedure, which according to them, has not been executed.

Additionally, the petitioners noted that the establishment of the institution was done without enough public participation.

Furthermore, according to the petitioners, the task force that was established to oversee the operationalization of the institution was also not gazetted.

The petitioners further alleged that the appointment of the chairperson, board members, and staff was not in line with the procedure as provided by the constitution.

The petitioners described the whole process of establishing the institution as irregular and illegal.

“The national government purports to perform functions of the county government contrary to the constitutional dictates. The constitution envisages that functions of each level of government should remain the way they are and if there is any need for a transfer of the said functions,” the petition read.

“THAT there is no evidence that the county government has transferred any of the promotional/preventive and health function to the national government in which the establishment of the Kenya National Public Health Institute (KNPHI) vide Legal Notice no.14 of 2022- Kenya national public health institute order purports to do,” it added.

KNPHI was established on January 21, 2022, by former president Uhuru Kenyatta through a gazette notice, Legal Notice No. 14, under the State Corporation Act CAP 466.

The institution is responsible for leading and coordinating public health efforts in Kenya, including strengthening disease surveillance, prevention, and response to public health challenges.

Through the petition, the two sued the Attorney General, the Health Cabinet Secretary, the National Treasury Cabinet Secretary, the Head of Public Service, the Chairperson of the KNPHI Taskforce, the Council of Governors, and the Public Service Commission.

According to the Kisii High Court, responses from both parties will be filed and served by 11 March 2025.