ENGENDERING RULE OF LAW IN HEALTH CARE DELIVERY IN KENYA

Abstract

The healthcare sector in Kenya has been in a state of turmoil for a long time with this manifesting itself in varied forms. This has in many ways translated to adverse outcomes on individuals seeking healthcare services. Incrementally funding the healthcare sector has not necessarily translated to the improvement of services offered. This is indicative of the fact that past approaches to development have failed to acknowledge that development is a combination of distinct processes, at times having glaring intersectionalities. Particularly, the place of law as a tool for social, economic, and political change has been underappreciated with devastating consequences. Failure to adhere to the Rule of Law in the health sector has principally been a structural barrier to health improvement in the country with a multitude of stakeholders in the health sector being willing partakers in the disregard of the law. The implication of this has been a health sector that is riddled with corruption, disregard of court processes, the mushrooming of rogue providers, and high mortality rates which in the end translates to apathy from the users of healthcare services. This paper asserts the place of the Rule of Law as a foundational determinant of health. The paper analyzes some of the pitfalls that have plagued the health sector in Kenya and draws a connection between these challenges and the failure to adhere to the law. What becomes apparent throughout this analysis is that a strong correlation exists between likely health outcomes and adherence to the law.