The Ministry of Health has asked Parliament to allocate Kes.100 million for a new round of public participation concerning the Social Health Insurance Act (SHIA) and other Universal Health Care (UHC) laws.
This request follows a High Court ruling that declared these laws unconstitutional.
The SHIA, along with the Digital Health Act and the Primary Health Care Act, aims to replace the National Health Insurance Fund (NHIF).
However, the court invalidated these acts due to insufficient public participation and other legal issues. A three-judge bench, comprising Justices Alfred Mabeya, Robert Limo, and Fredrick Mugambi, has given Parliament 120 days to amend the legislation. During this period, the acts will remain suspended.
Medical Services Principal Secretary Dr. Harry Kimtai has urged Members of Parliament to allocate Kes.100 million for public participation and sensitization.
“We are requesting Ksh100 million to carry out sensitization on the UHC laws in line with the court’s judgment,” he stated.
Dr. Kimtai also revealed that the ministry plans to appeal the court’s decision, believing they have valid grounds for a petition.
“We’ve agreed to form a joint team from the Ministry, the Parliamentary Service Commission (PSC), and the Attorney General to strategize on how to appeal,” Dr. Kimtai said. This strategy will include lodging an appeal and conducting additional public participation.
The High Court ruled that sections 26(5) and 27(4) of the SHIA violate the right to access emergency services. Although these sections are intended to uphold this right, the court found them problematic.
Section 26(5) mandates registration and contributions as prerequisites for accessing public services from national and county governments or their entities.
