Medical Services Principal Secretary Harry Kimtai shocked MPs when he revealed that in the next three months, the department requires about Sh500 million for legal fees and for foreign travel for himself and Cabinet Secretary Deborah Barasa.

 Of the money, Sh350 million is for foreign travel and Sh142.2 million is for legal fees for the case pending before court regarding the implementation of the Social Health Insurance Act 2023, Primary Health Care Act and Digital Health Act 2023.

 In his submission before the health committee where he had appeared to request for additional funds in the supplementary estimates 11, Kimtai explained that the funds are to cater for the foreign travel for the offices of CS and the PS given that Kenya was handed over the chairmanship of the East African Community and thus are required to travel.

 He explained that the Chief of Staff and Head of Public staff submitted a letter dated December 13, the CS and PS were directed to participate in all EAC meetings applicable for the health sector yet there was no budgetary provision for this.

 He said: “Currently the state department has zero allocation on foreign items to facilitate such kind of attendance. These additional funds will also provide fuel boards, conferences and domestic travel.”

 The revelation comes hardly a year after Ruto suspended all non-essential travel by state officers.

 “All non-essential travels by state officers are hereby suspended,” ordered the president

 With regards to the Sh124.2, Kimtai disclosed that the additional Funding is to Pay External Counsel Engaged High Court Case filed by Aura Joseph Enock on the Implementation of Social Health Insurance Act, 2023, Primary Health and the Digital Health Act, 2023.

 Kimtai explained that the State has appealed against the High Court decision that declared the implementation of the said laws as unconstitutional.

Ministry appealed

The Ministry of Health appealed against the High Court ruling that questioned the constitutionality of the Social Health Insurance Act, the Digital Health Act and the Primary Healthcare Act that had been challenged by petitioner Joseph Enock Aura.

Aura, who filed a petition on November 24, 2023, argued that the laws, signed into law by President William Ruto on October 19, 2023, “breached or threatened to breach the Kenyan Constitution.”

 On July 12, the High Court directed Parliament to conduct more inclusive public participation before enacting the laws and ordered amendments to certain provisions.

The court initially suspended the acts for 45 days, with the suspension set to end on August 27.

 However, the Court of Appeal has now extended the stay. The health ministry filed an appeal on July 26, seeking to halt the High Court’s orders.

And apart from travel, Kimtai also disclosed that the department requires an additional Sh6 billion for primary Healthcare and the Emergency, Chronic and Critical Illness Fund to enhance the covers provided in the scheme.

In a document he presented before the MPs he said they require Sh700 million to implement Presidential Directive Projects.

 The projects including the construction of Ziwa Sub-County Hospital at a cost of Sh287.75 million, Tiret Sub-County Hospital at accost of Sh287.75 million and Kesses Sub-County Hospital at a cost of Sh124.5 million

 He explained that all presidential directives are important following demands by members to explain the criteria they use to implement the said directives.

He said: “the State Department had received numerous directives from the Office of the President to consider construction and equipping of Health Centre and County Hospitals across the Country.”

 The department, he said also requires an additional; Sh64 million to settle pending bill for Covid-19 Vaccine after Kenya entered into contract to provide vaccine for Covid-19 by AVAT.

 The move is despite the vaccines not being delivered and were eventually destroyed by the Manufacturer.

He said: “As stipulated in the contract Kenya is obligated to pay for the vaccine.”

HR instruments

The Digital Health Agency (DHA), he said, requires an additional Sh423 million to enable it develop its HR instruments, Key Policies and Strategies since it is a new agency.

 He said: “It has recently acquired an office space at the SHA building and needs office preparation like partitioning, furniture and fittings and office equipment and stationery.

“It is also in the process of Developing ICT Strategy, ICT, policy strategy and security manual, website Development, Data protection Agreements and other Incidental Agreements.”