What you need to know:
- The Court of Appeal has squashed orders issued by the High Court which suspended the implementation of the Social Health Insurance Act 202
- SHIF remain suspended pending the hearing and determination of the applicant’s appeal in Civil Appeal
Justices Patrick Kiage, Pauline Nyamweya and Grace Ngenye ruled that the suspension of the roll-out of the new health fund,
there is “a real and present danger to the health rights of countless citizens who are not parties to the litigation pending before our courts.”“We hereby suspend the orders of the High Court restraining the implementation and or enforcement of The Social Health Insurance Act, 2023, The Primary Health Care Act, 2023 Page 2033 and The Digital Health Act, 2023, save for the following provisions of the Social Health Insurance Act that shall remain suspended pending the hearing and determination of the applicant’s appeal,” the ruling read in part.
The court was further persuaded that the confusion,the legal gap and the risk and harm to citizens pending the hearing and determination of the appeal is a price too dear to pay, and it would have the effect of rendering the appeal nugatory.
However the appellate court maintained that the following provisions of SHIF remain suspended pending the hearing and determination of the applicant’s appeal in Civil Appeal No. E984 of 2023:
- Section 26(5) which makes registration and contribution a precondition for dealing with or accessing public services from the national and county governments or their entities
- .Section 27(4) which provides that a person shall only access healthcare services where their contributions to the Social Health Insurance Fund are up-to-date and active.
- .Section 47(3) which obligates every Kenyan to be uniquely identified for purposes of the provision of health services.
