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The promulgation of the constitution of Kenya on 27th August, 2010 was a major milestone towards the improvement of health standards. Citizen’s high expectations are grounded on the fact that the new Constitution states that every citizen has right to life, right to the highest attainable standard of health including reproductive health and emergency treatment, right to be free from hunger and to have food of acceptable quality, right to clean, safe and adequate water and reasonable standards of sanitation and the right to a clean healthy environment.
The constitution of 2010 provides an overarching conducive legal framework for ensuring a more comprehensive and people driven health services, and a rights – based approach to health is adopted, and applied in the country. All the provisions of the constitution will affect the health of the people in Kenya in one way or another. However, two critical chapters introduce new ways of addressing health problems, and have direct implications to the health sector focus, priorities and functioning: The Bill of Rights, and the devolved Government.