The Lower Eastern Times Opening The Third Eye
Related Articles
The Court of Appeal has rescinded the orders issued by the High Court, halting the implementation of the Social Health Insurance Act, slated to replace the NHIF Act.
In their ruling on Friday, Justices Patrick Kiage, Pauline Nyamweya, and Grace Ngenye emphasized the tangible threat to the health rights of numerous citizens not involved in the ongoing litigation.
The court documents state, “We are convinced that the confusion, gaps, and potential harm to citizens during the appeal process are too high a cost, making the appeal ineffective…” The judges have consequently lifted the High Court’s restrictions on implementing the Social Health Insurance Act, 2023, the Primary Health Care Act, 2023, and the Digital Health Act, 2023.
However, the suspension still applies to Section 26(5), requiring registration and contribution as a prerequisite for accessing public services, and Section 27(4), specifying that healthcare services are accessible only when contributions to the Social Health Insurance Fund are current. Additionally, Section 47(3), mandating unique identification for health services, remains suspended.
Parties involved in the case have been given a seven-day window to submit written arguments regarding the three suspended sections of the Social Health Insurance Act. The Appellate Court Registrar will then schedule a hearing before March 31, 2024.
Health Cabinet Secretary Susan Nakhumicha appealed to the Court of Appeal, contending that the High Court order denied medical care to many Kenyans, violating constitutional provisions. Senior Counsel Fred Ngatia, representing the Health Cabinet Secretary, argued that the court’s orders left numerous Kenyans unable to access medical care since the enactment of the Social Health Insurance Act, 2023, replacing the NHIF Act. Ngatia urged the court not to let legal disputes deprive Kenyans of their constitutional rights.
The Attorney General, represented by counsel, pleaded with the court, highlighting the suffering of many patients during the waiting period for the court’s decision and requesting the lifting of existing orders.
The Kenya Medical Practitioners and Dentists Union (KMPDU) argued in its case that the government implemented the Social Health Insurance Fund Act 2023, the Primary Health Care Act 2023, and the Digital Health Act 2023 without engaging stakeholders to address contentious issues.
