Defunding the Linda Mama Programme: A Threat to Women’s Access to Pre and Post Natal Care in Kenya
DOI:
https://doi.org/10.61823/dpia.2024.4.582Keywords:
women’s rights in Kenya, Pre and Post Natal Care in Kenya, Linda Mama ProgrammeAbstract
It can be said that it is indeed magical to bring life into the earth. Nonetheless, this remains a daydream for a significant number of mothers, as global statistics estimate a global maternal mortality ratio (MMR) of 223 deaths per 100,000 live births. This falls crucially below the SDGs target of 70 deaths/100,000 live births by 2030. In Kenya, the MMR still falls below the SDGs target, as it stands at 362 deaths/100,000 live births.
Recognising Kenya’s international and constitutional mandate to realise the right to the highest attainable standard of health, Kenya in 2013, initiated a free maternal programme, Linda Mama. Implemented under the National Health and Insurance Fund (NHIF), the scheme ensured that each expectant mother is covered for a period of twelve months after confirmation of pregnancy and is entitled to antenatal care, skilled delivery and postnatal care. This programme was intended to benefit the vulnerable and reduce inequalities in access to pre and postnatal care, eventually reducing Kenya’s MMR. Albeit riddled with various implementation challenges, the number of skilled deliveries continues to rise, and current public health facilities are handling over one million deliveries, translating to a 78.3% increase in accessibility to pre and postnatal care.
The fate of the Programme, however, hangs on a risky balance due to the impending implementation of the new Social Health Insurance Fund (SHIF). This initiative, part of the current government’s Bottom-Up Economic Agenda, aims to target household contributions rather than the salaried employee contribution in the NHIF. Consequently, the schemes and programmes currently run under the NHIF, including the Linda Mama Programme, have been terminated. Despite assurances promising that pregnant women will be well catered for under the SHIF, the abrupt defunding of the Programme before the roll-out of SHIF poses a great risk to the life of the mother and baby who may be unable to access pre- and post-natal care due to financial constraints.
This paper thus investigates the threat posed to women’s right to access pre and postnatal care amidst the abrupt defunding of the Linda Mama Programme. It argues that the defunding of the programme is a regressive action towards the State’s international and constitutional obligations to fulfil and promote not only the right to women’s access to reproductive healthcare but also the right to life and gender equality commitments. Moreover, the paper argues the shift to the SHIF, albeit with the aim of increasing the base of contribution to the public health insurance scheme, embarks on the use of the Means Testing Instrument (MTI) which fails to consider the financial realities ofwomen in Kenya, especially those from vulnerable and marginalised communities whose access to pre and postnatal care may be inhibited due to inadequate funds. To add, the paper proposes that rather than the abrupt defunding of the programme, the State should find mechanisms of making its access more efficient under the new SHIF programme to ensure that Kenya does not slack in its commitment to achieve the SDGs target of the global MMR.
References
Josephine Oundo Ongwen v Attorney General & 4 Others [2014] eKLR.
Republic v Minister for Home Affairs and 2 Others Ex parte Leonard Sitanize [2005] eKLR.
African Charter on Human and Peoples’ Rights (adopted 27 June 1981, entered into force 21 October 1986) 1520 UNTS 217.
Constitution of Kenya 2010.
Convention on the Elimination of All Forms of Discrimination against Women (adopted 18 December 1979, entered into force 3 September 1981) 1249 UNTS 13.
Health Act 2017 (Kenya).
International Covenant on Civil and Political Rights, GA Res 2200A (XXI), UN GAOR, 21st sess, Supp No 16, UN Doc A/6316 (1966).
International Covenant on Economic, Social and Cultural Rights, GA Res 2200A (XXI), UN GAOR, 21st sess, Supp No 16, UN Doc A/6316, 993 UNTS 3 (1966).
Primary Health Care Act 2023 (Kenya).
Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa (Maputo Protocol).
Social Health Insurance Act 2023 (Kenya).
Social Health Insurance (General) Regulations 2024 (Kenya).
Universal Declaration of Human Rights, GA Res 217A (III), UN GAOR, 3rd sess, UN Doc A/810 (1948).
Aosha F, ‘CS Nakhumicha to Hospitals: Don’t Turn Away Patients, Accept NHIF’ “The Star” (17 April 2024).
Barber S, Lorenzoni L and Ong P, Price Setting and Price Regulation in Health Care: Lessons for Advancing Universal Health Coverage (World Health Organization and Organisation for Economic Co-operation and Development 2019).
Davidson S, ‘Examining Barriers to Maternal Health Care in Kenya Using the Three-Delay Framework’ (2015) “The Prognosis” 29.
Doshmangir L, Rashidian A and others, ‘Setting Health Care Services Tariffs in Iran: Half a Century Quest for a Window of Opportunity’ (2020) 19 “International Journal for Equity in Health” 112.
Government of Kenya, Ministry of Health, Guidelines for Postnatal Care 1: Healthy Mothers and Newborns (2016).
Government of Kenya, Ministry of Health, Health Sector Report: Medium Term Expenditure Framework (MTEF) for the Period 2024/25–2026/27 (December 2023).
Government of Kenya, Ministry of Health, Implementation Manual for Programme Managers Linda Mama Boresha Jamii (December 2016).
Government of Kenya, Ministry of Health, Kenya Universal Health Coverage Policy 2020–2030: Accelerating Attainment of Universal Health Coverage (2020).
Government of Kenya, Ministry of Health, Norms and Standards for Health Service Delivery (2006).
Government of Kenya, Ministry of Health, Regulatory Impact Statement for the Social Health Insurance (General) Regulations, 2024 (January 2024).
Government of Kenya, Ministry of Health, Tariffs to the Benefit Package under the Social Health Insurance Act No 16 of 2023 (2024).
Government of Kenya, Ministry of the National Treasury and Economic Planning, Medium Term 2023 Budget Policy Statement: The Bottom-Up Economic Transformation Agenda for Inclusive Growth (February 2023).
Government of Kenya, Ministry of the National Treasury and Economic Planning, Programme Based Budget for Financial Year 2024/2025.
Government of Kenya, Ministry of the National Treasury and Economic Planning, Supplementary II Budget for Financial Year 2023/2024.
Institute of Public Finance, Annual National Shadow Budget 2024/25: Budgeting in an Era of Fiscal Consolidation – Protecting Key Priorities (2024).
Kahenda M, ‘Hospitals Threaten to Paralyse Services Over Delayed Linda Mama Funds’ “The Standard” (April 2024).
Kathia D, ‘A Critical Examination of Linda Mama Programme’ “NAYA Kenya” (31 October 2023).
Kenya Institute for Public Policy Research and Analysis, Kenya Economic Report 2020: Creating an Enabling Environment for Inclusive Growth in Kenya (2020).
Kenya National Commission on Human Rights, Realising Sexual and Reproductive Health Rights in Kenya: A Myth or Reality? Report of the Public Inquiry into Violations of Sexual and Reproductive Health Rights in Kenya (April 2012).
Kimathi K, ‘President Ruto: New Health Laws Will Transform Healthcare in Kenya’ “Nation Media Group” (21 October 2023).
Kinney ED, ‘The International Human Right to Health: What Does This Mean for Our Nation and World?’ (2001) 34 “Indiana Law Review” 1457.
Moige B, Kombo Z and Namdiero L, Is NHIF at a Crossroads? Exploring the Complexities and Solutions for Equitable Healthcare Access (Amnesty International 2023).
National Health Insurance Board, Regulatory Impact Statement for the National Health Insurance Fund Act, Regulations, 2023 (April 2023).
National Health Insurance Fund, Regulatory Impact Assessment for the National Health Insurance Fund Act, Regulations, 2023 (April 2023).
National Health Insurance Fund, Strategic Plan 2018–2022 (2018).
Nuna T, ‘Addressing Maternal Mortality and Morbidity in Kenya’ “Network for Adolescent and Youth of Africa” (2023).
Obira M, ‘No More Linda Mama? What You Need to Know About SHIF’ “Nation Media Group” (13 May 2024).
Office of the Auditor General, Performance Audit Report on Implementation of the Linda Mama Programme by the National Health Insurance Fund (2022).
Office of the President of Kenya, ‘President Ruto: New Healthcare Plan Will Leave No One Behind’ (19 October 2023).
Oketch A and Njeru L, ‘Questions Over Sh 20 Billion NHIF Payments Delay as Patients Suffer’ “Nation Media Group” (26 March 2024).
Orangi S and others, ‘Examining the Implementation of the Linda Mama Free Maternity Program in Kenya’ (2021) 36 “International Journal of Health Planning and Management” 2277.
Saya M, ‘Report: Delay in Pre-Authorisation of Requests Denied Patients Timely Care’ “The Star” (5 March 2024).
Social Health Authority, Linda Mama Programme (official website).
Standing Committee on Health, Report on the Social Health Insurance Bill, 2023 (Senate, Thirteenth Parliament, Second Session 2023).
United Nations General Assembly, Political Declaration of the High-Level Meeting on Universal Health Coverage, A/RES/78/4 (5 October 2023).
UN-Habitat, Kenya 2023 Country Brief: A Better Quality of Life for All in an Urbanizing World (2023).
World Bank, Kenya Poverty and Equity Assessment 2023: From Poverty to Prosperity – Making Growth More Inclusive (2023).
World Bank Group, Maternal Mortality Ratio Data (2023).
World Health Organization and Integrated African Health Observatory, Maternal Mortality: The Urgency of a Systematic and Multisectoral Approach in Mitigating Maternal Deaths in Africa (March 2023).
Downloads
Published
Issue
Section
License
Copyright (c) 2026 Daniel Giichi Murakaru, Saada Loo

This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.

