Additionally, the Reproductive Healthcare Bill 2014 has been tabled before Parliament. The legislation
recognizes reproductive rights, sets the standards of reproductive health; and provides for the right to
make decisions regarding reproduction free from discrimination, coercion and violence
143. In addition, Kenya has introduced the Draft Health Bill, 2013, which is intended to: consolidate the
laws relating to health; provide for regulation of health care service and health care service providers;
provide for establishment of national regulatory institutions; coordinate the inter relationship between
the national and county health institutions; establish a coordinating agency of professionals within the
health industry; and provide for attainment of the basic right to health has been developed
Policy measures to give effect to the right to health
144. The Kenya Vision 2030 recognizes that the achievements of its development goals is contingent upon a
healthy working human resource which should be partly achieved through the provision of quality,
efficient and acceptable health care systems. Its goal for the health sector is to “provide equitable and
affordable health care at the highest affordable standards to her citizens”. The Government has
therefore put in place several measures including placing greater emphasis on preventive healthcare
and devolving healthcare funding and management to give greater responsibility for healthcare
delivery to hospitals, health centres and dispensaries. However, with Kenya’s population growing at a
rate of 3 per cent annually, the population will continue to place a huge demand for health services.
145. Immediately after the establishment of a coalition government following the 2007 general elections,
the then Ministry of Health was divided into the Ministry of Public Health and Sanitation and the
Ministry of Medical Services. Whereas having a Ministry of Public Health and Sanitation proved
positive in terms of giving prominence and bringing more resources to preventive care, this
reorganization had an effect on the implementation momentum that had been built over the previous
five years as would, any complex system with multiple actors. On occasion, implementing agencies as
well as consumers were not very clear on the functions of the different Ministries. Following the 2013
general elections the functions of the two ministries have now been merged in view of the
Constitutional requirement which has reduced Government Ministries from 44 to a maximum of 22.
146. The Ministry of Health in putting together the new Kenya Health Policy, new National Health Sector
Strategic Plan and the Second Health Sector Plan of the Kenya Vision 2030, have considered how to
interpret the right to health vis-à-vis their services and particularly under the devolved structure of
government.
147. In particular, the Kenya Health Policy (2012-2030) aims at ‘attaining the highest possible health
standards in a manner responsive to the population needs’. The Policy seeks to achieve this goal
through supporting provision of equitable, affordable and quality health and related services at the
highest attainable standards to all Kenyans. It is designed to take the country beyond the traditional
health services approach towards focus on health using a primary health care approach which remains
the most efficient and cost-effective way t organize a health system. The focus of the Policy applies a
human rights based approach, a strategy that will enable rights holders enjoy the highest possible level
of health and consequently ensuring that they are able to participate in development activities
maximally as envisaged in Kenya Vision 2030. Six policy objectives are defined:
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