A review of the regulatory framework for private healthcare services in Kenya
Discussion Paper No. 35
Abstract
This paper examines the regulatory issues that govern private healthcare services in Kenya. It identifies the existing gaps which make enforcement of the laws governing private healthcare provision difficult and the laws that need to be amended for proper regulation of private healthcare providers. The major finding is that the legal and regulatory requirements for the practice and provision of private healthcare have serious weaknesses, which need to be addressed by the Ministry of Health and the various regulatory agencies. Unfortunately, some of the regulatory agencies have not been functional. For instance, the Central Board of Health, whose critical role is to advise the Minister for Health on all matters related to health, has never been constituted. Despite the fact that pharmacists and traditional practitioners are a major source of healthcare for many households, these healthcare providers are not regarded as medical practitioners and are therefore not properly regulated. Furthermore, laws to deal with malpractices and negligence in the provision of private healthcare services in Kenya are inadequate. Although the various professional bodies in the health sector are empowered to take disciplinary measures against professional misconduct, very few cases of punishment have been witnessed. Medical boards do not publicize cases of negligence or malpractice for fear of damaging the reputation of the profession. Nevertheless, most existing laws and statutes cover most of the areas of concern in the health sector (licensing of practitioners, premises, and sale of drugs). There is need for a strong monitoring capacity within the government and regulatory agencies in order to improve the operations of private healthcare providers. There is also need for legal restrictions or controls where participants must conform to legislated requirements. However, legal restrictions are only successful in the context of a well-resourced regulatory framework for implementation and monitoring, and a functioning judicial system for enforcement and sanctioning.
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