Blow to Ruto as High Court suspends implementation of Social Health Insurance Fund
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High Court suspends implementation of Social Health Insurance Fund until a case challenging its legality is heard and determined
High Court suspends implementation of Social Health Insurance Fund until a case challenging its legality is heard and determined.
The court has issued conservatory orders against the implementation of three health Acts; Social Health Insurance Fund Act 2023, the Primary Health Care Act 2023, and the Digital Health Act 2023 until a petition filed against it is determined.
This comes after Kenya Medical Practitioners, Pharmacists and Dentists Union (KMPDU) obtained court orders stopping the government from the planned rollout of the universal health coverage envisioned in the laws whose rollout President William Ruto had announced would be in January 2024.
Delivering the orders, Justice E.C Mwita said he was satisfied that the petition raises important constitutional and legal questions that deserve urgent and serious consideration.
“That in the meantime, a conservatory order is hereby issued restraining the respondents, their agents, and or anyone acting on their directives from implementing and or enforcing the Social Health Insurance Act, 2023; the Primary Health Care Act, 2023, and the Digital Health Act, 2023 until February 7, 2024,” the judge ruled.
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KMPDU has argued that the government has gone ahead with the implementation of the Social Health Insurance Act without engaging stakeholders to resolve the contentious issues.
The doctors’ union took issue with section 26(5) of the SHIF Act which provides that;
“Any person who is registerable as a member in this act shall produce proof of compliance with the provisions of this Act on registration and contribution as a precondition of accessing public services from the national government, county government, or national and county government entities.”
The union says it will disenfranchise Kenyan citizens from accessing government services.
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