NAIROBI, Kenya, Sep 21– The Court of Appeal stayed a High Court judgement that declared three health laws — Digital Health Act, Primary Healthcare Act and Social Health Insurance Act — null and void pending the appeal.
The Court of Appeal ruled in favor of the Ministry of Health allowing the rollout of the Social Health Authority to proceed as planned on October 1.
A three-judge bench comprising Justices Francis Tuiyott, Ali Aroni, and Lydia Achode ordered the immediate placement of the file before the President of the Court for directions on an urgent hearing to have it disposed of on a priority basis.
“We reach this decision because the statutes have been with us for nine months and to allow the framework under which the health sector is operating to revert to the old framework with the possibility of it returning back again to the current framework(in the event of the appeal succeeding) is to put this undeniably crucial sector in a state of flux and uncertainty,” ruled the Judges.
The National Assembly filed an affidavit faulting the High Court Judgement defending the enactment of the three Laws as properly undertaken citing what it termed as extensive public participation.
On July 12, the High Court declared the Social Health Insurance Act unconstitutional citing insufficient public participation in the fund’s establishment.
The court made the declaration following a petition filed by one Joseph Enoch Aura which claimed insufficient public participation prior to their enactment.
A three-judge bench comprising Justices Alfred Mabeya, Robert Limo, and Fridah Megabi ruled that the Act also contained disparities that rendered it invalid.
The judges, in their ruling, gave Parliament 120 days to make amends to the controversial Act.
The judges in their ruling had given Parliament 120 days to make amends to the controversial Act.
Universal Health Coverage
The Social Health Insurance Act, officially gazetted on March 8, sought to replace 58-year-old National Health Insurance Fund (NHIF) effective October 1, 2024.
Regulations required all Kenyan households, non-Kenyan residents, national and county governments, and employers to register as members of the Social Health Insurance Fund (SHIF) with the Social Health Insurance Authority (SHIA).
Transitioning NHIF to SHA is part of government efforts to roll out universal health coverage (UHC).
Members will contribute 2.75 per cent of their income to SHIF, while the government will pay for Kenyans who are unable to raise premiums.
Source: capitalfm
