The petitioners claim that no public participation was conducted.
They reckon that the agreement exposes public service to unregulated capture by a private entity and pose a public health risk
Three Isiolo County residents are in court challenging a Sh443 million health service deal between the county and a private entity.
The agreement between the Governor Mohamed Kuti's administration and Living goods Limited, a non-profit organisation, is aimed at strengthening community health systems.
The petitioners opposing the deal are Kanyika Nkatha, Adan Ibrahim Mohammed and Kennedy Mutuma.
They claim that no public participation was conducted.
Besides, they say the deal purports to bypass the constitutional budgeting process by binding the county government to factor the cost of the implementation of the project in the budget.
The petitioners, in papers filed in Nairobi’s Milimani Law Courts, reckon that the agreement exposes public service to unregulated capture by a private entity and pose a public health risk
“Pending the hearing of this application inter parties there be a conservatory order of injunction restraining the 1st, 2nd and 3rd respondents…from negotiating, entering into and/or signing any agreement with the 4th defendant or any other party whatsoever in respect of strengthening community health system for Isiolo County,” reads one of the orders sought by the petitioners.
They have listed the County Government of Isiolo, Living Good, Mr Kuti and County Assembly of Isiolo as respondents.
The Controller of Budget is listed as an interested party.
The agreement produced in court shows that the partnership is aimed at strengthening the work of community health workers operating within Isiolo, Merti and Garbatulla sub-counties, by equipping them with skills on use of technology.
The three petitioners claim that the cost of the project is Sh443.2 million.
They are seeking temporary orders suspending the implementation of the agreement pending determination of the suit.
Another petition was last month presented to the Senate by residents who are opposed to the project.
Isiolo Senator Fatuma Dullo had in the past voiced her reservation to the partnership.
Senator Dullo told Senate Health Committee that the county administration failed to adhere to law while sealing the deal
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