Unions want new Bill withdrawn, warn it will cause chaos in health sector

Unions in the health sector have called for the implementation of the Health Care Act 2017, as they bluntly rejected the Health Care and Patient Safety Bill 2025.

A caucus of 19 unions, representing clinical officers, public health officers, laboratory technicians and nutritionists, among others, says the problems in the health sector cannot be solved by endless bills and parastatals, but proper allocation by the National Treasury and implementation of already existing laws.

According to the union officials, 80 per cent of the quality of the new Bill  is already taken care of in already existing legislations and policies within the ministry of Health.

“We note that 80 per cent of the quality of the Health Care and Patient Safety Bill 2025 are already provided for in other legislations and policies including the Health Act 2017, the National Policy on Patients Safety, Health Worker Safety and Quality Care, Public Health Act, Clinical Officers Act, Nurses Act, among others,” Kenya Union of Clinical Officers National Chairperson Peterson Wachira stated.

Wachira pointed out a 2022 ruling by Justice Wesley Korir that the Health Act 2017 provides a shorter and cost-effective route to making the health care sector better.

On his part, the Kenya Environmental Health and Public Health Practitioners Union Secretary General Brown Ashira pointed out that the Bill duplicates existing polices and Acts, as he pointed out that it brings confusion and interference with the scopes of practices.

Ashira reminded Health Cabinet Secretary Adan Duale that he promised to allow each cadre to do its work.

“While assuming office, Duale promised to allow each cadre to do its work. We did not expect that in less than two months, he would bring bills that interfere with the scope of work. We cannot be making laws day and night and are not implementing the existing ones,” Ashira said.

The unions have demanded the withdrawal of the Bill and instead called for amendments to the Health Act 2017.

They have also called for the budgetary allocations to the health sector to match the 2001 Abuja declaration, which requires the sector to have a 15 per cent as they further called for the implementation of the various pending collective bargaining agreements to avoid the sector being paralysed due to strikes, which they say are frequent.

Further, the union officials pointed out that the announced public participation is just for a formality, while the legislators in parliament have been told to ensure the Bill passes.

They warned lawmakers to be keen and not plunge the country deeper than the crisis the Social Health Authority (SHA) has caused.

“Let the lawmakers not get the country to what SHA has caused to Kenyans for now, going to two years. We know they have been told to ensure the Bill passes, but let them relook into it first,” Wachira pleaded with MPs.

Ashira has also pledged to soon name the cartels at Afya House, whom he claims are pushing to ensure the Bill is passed.

The Bill, which is now open for public participation, seeks to overhaul the regulation of healthcare delivery in Kenya by enforcing uniform standards, strengthening patient rights, and ensuring accountability across public, private, and faith-based health facilities.

If passed, it will compel all health facilities, whether under the national or county governments, to adhere to a comprehensive set of standards, a mandate Ashira explains falls under the cadre of public health officers.

After public participation, the bill will return to the National Assembly for second reading and debate before its final determination.