Costs as a barrier to accessing health care in Kenya a case for regulation.

Abstract

This study focuses on the right to accessing health care in Kenya against the background of a free market where market forces determine the success of accessing health care. It seeks to establish among others, whether Kenya’s legal, policy and financial structure is sufficient to protect the right to access to health care within a market influenced by neo-liberal practices where health care has been commodified. It is motivated by the continued challenge to accessing health due to high costs despite the right having been recognized in international and national law in Kenya. It adopts a socio-legal methodology and analyses various subjects including law, human rights, neoliberalism, the purpose of regulation and their interconnection with access to health care. The study is organised in five chapters. Chapter 1 provides a general outline of the study including the objectives of the study and the problem statement. It sets out the questions and assumptions of the study which are linked to the sufficiency of the regulatory, policy and financial structure of Kenya health system for purposes of enhancing financial access to health care. Chapter 2 considers commodification of health care on accessing health care. It established that commodification of health care results in restricting access to health care. Chapter 3 assesses the sufficiency of Kenya’s regulatory and policy structure in protecting Kenyans from the negative effects of high costs of health care. It proceeds from the presumption that Kenyans have continued being denied access to health care despite the recognition of the right in various laws. The study finds that Kenya’s structure is deficient in overcoming the restrictions on financial access to health care. Chapter 4 focuses on the financial structure of Kenya’s health system. . It discusses the various ways that Kenya raises revenue for health care and further, how it allocates and manages the revenue raised. It notes that Kenya has failed to raise sufficient funds and that it has mismanaged the funds raised. This has affected the ability of the system to enhance the right to health. Chapter 5 concludes the study by summarising the key findings and recommendations. It recommends that Kenya should consider undertaking reforms aimed at enhancing access to health care, among them being the regulation of the costs of accessing health care.