Nairobi, Kenya – The Court of Appeal has ruled against the High Court ruling rescinding the implementation of the Social Health Insurance Act 2023.
The pronouncement given by Justice Patrick Kiage, Pauline Nyamweya and Grace Ngenye argued that the suspension was already causing harm to citizens health-wise and going against health rights.
“We are persuaded that the confusion, the lacuna and the risk and harm to the citizens pending hearing and determination of the appeal is a price too dear to pay, and it would have the of rendering the appeal nugatory,” court official papers read.
The three-bench judge ruling came as a jubilation to President William Ruto’s administration seeking to offer universal health care through the Social Health Insurance Fund (SHIF).
“We are hereby suspend the orders of the High Court restraining the implementation and or enforcement of The Social Health Insurance Act 2023, The Primary Heath Care Act, 2023 and The Digital Health Act, 2023,” the Judges pronounced.
Which provisions of SHIF remain suspended
At the same time, they ruled that section (26)5 of the Act which calls for prerequisite registration and contribution when dealing with or getting public from the national and county governments or their entities, has been suspended still.
Additionally, Section (27)4, which states that a person shall only access healthcare services where their contributions to the Social Health Insurance Fund are up to date and active, and Section(47), which commits everybody to be uniquely identified for healthcare services sakes, as well remain suspended.
The High Court issued orders restraining the implementation of the Act in November 2023, following the petition filed by Joseph Enock Aura.
Health Cabinet Secretary Susan Nakhumicha moved to the Court of Appeal pleading for the suspension of the High Court ruling, observing in her petition that the restraining orders seriously caused bafflement in the Health sector.
In the appeal, CS Nakhumicha bowed to the fact that large numbers of patients who leverage NHIF for their treatment are overwhelmed since they could not access the services, thus curtailing the government’s plan to execute the Universal Health Coverage (UHC) programme.
“The applicant is aggrieved by the order and seeks to appeal to this honourable court to set aside the said orders so as to seal the legal vacuum and afford millions of Kenyans access the healthcare services, ” Nakhumicha highlighted in the application, last year.
Ruto’s stance against court decision
Meanwhile, News 9 Kenya reported that President Ruto maintained his stance, calling out the judiciary over what he termed as sabotage to his administration’s development agenda.
Speaking during the launch of the Kiptogot-Kolongolo Water Supply Project in Endebess Constituency Trans Nzoia county on Wednesday, January 17, Ruto called out the court for suspending the new Social Health Insurance Fund (SHIF).
The president said that the case filed in court against the SHIF plan is greatly affecting the health sector in the country.
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