Court lifts orders suspending new health insurance Act

By Peter Ochieng

President William Ruto's administration has some good news from the Courts, after weeks of complaints over alleged judicial corruption and impunity.

The Court of Appeal has lifted orders that were issued by the High Court, suspending the implementation of the new Social Health Insurance Act.

The Act that replaces the National Health Insurance Fund (NHIF) Act, creates the new Social Health Insurance Fund (SHIF).

Justices Patrick Kiage, Pauline Nyamweya and Grace Ngenye on Friday ruled that due to 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 courts.

"We are persuaded that the confusion, the lacuna 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," ruled the judges.

"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 and The Digital Health Act, 2023."

However, other sections remain suspended.

They are section 26(5) of the Act which makes registration and contribution a precondition for dealing with or accessing public services from the national and county governments or their entities, and 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.

Additionally, section 47(3) which obligates every Kenyan to be uniquely identified for purposes of provision of health services also remains suspended.

The parties in the case have been granted 7 days to file written submissions, on the three sections of the Act that remain suspended.

The registrar of the Court of Appeal shall thereafter allocate a hearing date before 31st March 2024.

The Kenya Medical Practitioners and Dentists Union (KMPDU) moved to the High Court arguing that the government had gone ahead with implementation of the Social Health Insurance Fund Act 2023, the Primary Health Care Act 2023 and the Digital Health Act 2023 without engaging stakeholders to resolve the contentious issues.

Health Cabinet Secretary Susan Nakhumicha then moved to the Court of Appeal arguing that the High Court order had resulted in many Kenyans being denied medical care.