In a bid to stall the transition from the National Health Insurance Fund (NHIF) to the Social Health Authority (SHA), two Kenyan individuals have swiftly filed a case under urgent circumstances, requesting judicial intervention until the matter is fully heard and decided.

Gwaragwara Nkosi and Khadija Ali, both employed by NHIF, are seeking an injunction to prevent the transition committee, acting either directly or through its representatives, from presenting their report to the President, the Ministry of Health, SHA, and the NHIF board.
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Their primary contention revolves around the perceived disparities in salary adjustments, arguing that recent raises have created a situation where management staff earn less than the employees they oversee. They assert that this wage gap constitutes a significant discrepancy and raises serious questions regarding financial accountability.
Furthermore, they argue that the salary adjustments, which favor unionized NHIF employees without a corresponding increase for management, violate the rights of affected management staff. They also criticize the lack of dignity and respect shown towards them in the process.
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The petitioners are urging the court to mandate the Salaries and Remuneration Commission (SRC) to review their salaries, emphasizing the breach of public service remuneration and benefits policies. They highlight provisions within the Social Health Insurance Act regarding absorption into SHA and public service deployment, suggesting that such actions would adversely affect all parties involved, particularly in terms of retirement benefits.
Additionally, they lament the perceived discrimination in savings and pension schemes, pointing out that unionized employees enjoy more favorable terms upon retirement compared to management staff. They stress the need for equitable treatment in matters of redundancy, voluntary separation incentives, and other exit-related benefits.
The respondents named in the case include the SRC, the Attorney General, the Social Health Authority, and the NHIF board.
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