A Review of the Health Act, 2017 from an Access, Quality and Cost Paradigm

The Health Act 2017 was recently enacted to establish a unified health system, to coordinate the interrelationship between the national government and the county government health systems, to provide for regulation of health care service, and health care service providers, health products and health technologies and for connected purposes. The enactment of this Act comes against the backdrop of a health care system that is riddled with structural barriers inhibiting access to health care services with resultant grave consequences. The enactment of the Act is therefore, timely given the constitutional context of the right to the highest attainable standards of health care. However, the key question remains whether the Act sufficiently addresses some of the concerns prevalent in the Kenyan health care system. This paper examines the Act using the lens of access, cost, and quality which are the chief concerns of any health care system. The paper examines the salient issues in the Act under these three broad limbs while examining whether the Act contain provisions that improve access to, reduce costs and improves quality of health care provided in Kenya. The analysis adopted in this paper flows from the understanding of health care as a right with concomitant obligations on the State and its agencies and also within the context of devolved governance adopted by the Constitution in 2010 while also appreciating international best practices and norms