Sessional Paper No. 02 of 2017 on the Kenya Health Policy 2014-2030: Towards attaining the highest standard of health

Abstract

The Constitution of Kenya 2010 provides the overarching legal framework to ensure a comprehensive rights-based approach to health services delivery. It provides that every person has a right to the highest attainable standard of health, which includes reproductive health rights. It further states that a person shall not be denied emergency medical treatment. and that the State shall provide appropriate social security to persons who are unable to support themselves and their dependants.1 The Constitution further obligates the State and every State organ to observe, respect, protect, promote, and fulfil the rights in the Constitution and to take "legislative, policy and other measures, including setting of standards to achieve the progressive realisation of the rights guaranteed in Article 43." State organs and public officers also have a constitutional obligation to address the needs of the vulnerable groups2 in society and to domesticate the provisions of any relevant international treaty and convention that Kenya has ratified. 3 The State has a constih1tional obligation under Article 46 of the Constitution to protect consumer rights, including the protection of health, safety, and economic interests. The Constitution outlines the values and principles which all State organs and officers are expected to employ in the delivery of services. The health sector is therefore obligated to implement the principles in Articles 10 and 232, Chapters 6 and 12 of the Constitution, among others, and establish the framework necessary to support their implementation. Table 1 summarises the main constitutional articles, among others, that have implications for health.