Bid to control health leases goes to Senate

Governors want the Senate to intervene in their bid to have the national government relinquish control over leasing medical equipment for selected hospitals.

In a petition to the Senate through Mombasa Senator Hassan Omar, the county bosses say that the MoUs between the Ministry of Health and the counties does not meet the constitutional threshold.

Former Council of Governors Chairman Isaac Ruto asked the Senate to question the ministry on the matter and cited the violation of provisions of the Constitution on sharing of functions between the two levels and the allocation of funds.

“The Memorandum of Understanding that the Health ministry seeks to execute with the counties does not meet the requirements of Article 187 of the Constitution,” he said.

“The national government is not indicating the source of money for the deal. It is not clear whether it is conditional or unconditional grant to the county governments as provided in Article 202 of the Constitution,” he added.

The Bomet governor argues that by failing to involve the counties in the procurement of the machines, the Health ministry has overstepped its mandate and then gone ahead to pressure governors to sign the MoUs.

Article 187 provides for one level of government to take over the functions of another through the execution of inter-governmental agreements.

“In implementing the project, the national government has not consulted county governments as required. The ministry has not disclosed the contracts it has executed with the medical equipment providers,” he said.

The governors’ petition will be handled by the Senate’s Committee on Health chaired by Isiolo Senator Dr Mohammed Kuti.

Last February, the government signed contracts with five multinational healthcare firms for supply, installation, operation and maintenance of the equipment.

Mindray Biomedical from China will supply the theatre equipment while Esteem from India the devices. Three other firms will supply the rest.