An examination of the Legal, Institutional and Policy framework Regulating the cost of Healthcare in Kenya

Abstract

This study is an examination of the cost of healthcare in Kenya and the measures placed to regulate the cost of healthcare to ensure the accessibility of healthcare to all Kenyans throughout the years 2010 to 2020. Although the accessibility to healthcare is a fundamental right that has been enshrined in the Constitution and the general assumption is that all Kenyans have access to healthcare nevertheless, many “Kenyans face challenges in accessing this right to the highest attainable standard of health, due to the steep medical fees charged by hospitals to receive basic health services. This study will show that the direct and indirect costs of healthcare still pose a challenge in the access of healthcare for Kenyans and especially those of the low-income groups. The study will further demonstrate how people in Kenya are willing to only spend what they can afford on healthcare, which in turn is not a total reflection of what is needed to cater for the cost of health care. Therefore, through socio-legal research, the study will systematically analyze the concept of regulation and then proceed to review the legal principals involved in the provision of universal health coverage with a view of providing a framework for the regulation of the cost of healthcare. Thereafter, the study will also undertake a rigorous analysis and critical evaluation of the legislative, policy and institutional framework so as to ascertain the rationale informing the principles of the provision of universal health coverage in Kenya and how they are addressing accessibility to healthcare by making it affordable. This study seeks to provide a framework that will give the basis for the regulation of the cost of healthcare in Kenya through the strengthening of policy formulation towards achieving accessibility of healthcare in Kenya, creation of supportive frameworks pertaining to the cost of healthcare for both the public and private sector and to examine the accessibility of healthcare services to all Kenya