In a big win for the Ruto administration, the Court of Appeal has on Friday afternoon suspended the orders of the High Court blocking the implementation of The Social Health Insurance (SHIF) Act, 2023, the Primary Health Care Act, 2023 & the Digital Health Act, 2023.
This sets the stage for the government to start deducting 2.75% of gross salaries as part of their Universal Healthcare Programme.
The implementation was paused in November last year, following a petition by one Joseph Enock Aura. Subsequently, Health CS Susan Nakhumicha moved to the appellate court, arguing that the orders had introduced confusion in the health sectors, since NHIF was already being wound down.
At the moment, Kenyans all across the country have expressed their inability to access NHIF benefits, with the situation only getting worse.
Ruling on the matter, the court stated, “We think that given what has been sworn by the CS, there is a real and present danger to the health rights of countless citizens who are not parties to the litigation pending before our 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.”
“We hereby suspend the orders of the High Court restraining the implementation and or enforcement of acts.”
However, while allowing the government to collect the new deductions and implement the programme, some provisions will remain suspended pending a hearing and determination.
These include: ·
Section 26(5) which makes registration and contribution a precondition for dealing with or accessing public services from the national and county governments or their entities
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
Section 47(3) which obligates every Kenyan to be uniquely identified for purposes of provision of health services.
