Guideline on Import and Export of Health Products and Technologies

Health is a fundamental right enshrined in the Kenyan Constitution. Indeed, Article 43(1) of the Constitution prescribes the right to every Kenyan to access highest attainable standards to health.

The international covenant on economic social and cultural rights (ICESCR) of the UN economic and social Council affirms this position. In its general comment No.14 of the right to the highest attainable standards of health (Article 12 of the Covenant), it avers that health is a fundamental human right indispensable for the exercise of other human rights. It outlines that every human being is entitled to the enjoyment of the highest attainable standard of health conducive to living a life in dignity.

As a result, availing health products and technologies is integral to realization of the above fundamental rights. Globalization and increased transnational flow of goods and services coupled with improved communication and technological advances in IT infrastructure are key enablers towards this realization.

Trade is simply the exchange of goods and services while international trade allows the exchange of the same across National Borders. International trade allows manufactures, distributors and business community to import and or export goods or components from foreign market into their markets. This can

be motivated by lack of these products, access at reasonable cost, value addition among other factors.

The availability of HPT’s is sometimes limited due to finite economic resources, difficulty in meeting norms and regulatory standards in their production, market authorization, and logistical challenges in their supply chain. As a consequence, Governments through their medicine regulatory authorities need to be alert and put measures in place to prevent penetration of substandard and suspected falsified HPT’s which pose hazards to public health. In light of this, investments and close collaboration between custom authority(KRA) and the Board is deemed crucial to ensure safe, efficacious and quality HPTs to patients.