The High Court has halted the mandatory registration of Kenyan students under the Social Health Insurance Fund (SHIF) until it rules on a case filed by the Law Society of Kenya (LSK).
On August 16, the government directed regional and county education officials to ensure parents register their children as dependents under SHIF before the new school term.
However, Justice Jairus Ngaah, who certified the case as urgent, ordered that the situation remain unchanged until the court makes a final decision.
“Status quo prior to the issue of challenged directive 16 August 2024 shall be maintained pending hearing and determination of the substantive motion or further orders of the court,” the Court directed.
LSK argued that the directive from the Cabinet Secretary for Education, the Ministry of Health, and the Attorney General is illegal. They claimed the order violates the rights of minors in public schools by making access to basic education contingent on compulsory registration, based on a law that does not exist.
The society referred to a High Court ruling in July that declared the Social Health Insurance Act and several other parliamentary acts unconstitutional. At that time, Justices Alfred Mabeya, Robert Limo, and Fridah Mugambi gave Parliament 120 days to amend the Act and ensure proper public participation in line with the Constitution.
The challenged Act had mandated the compulsory registration of all Kenyans under SHIF, a requirement that is now in dispute. LSK contended that since the Act is still suspended, any government actions tied to it remain unlawful.
“The Social Health Insurance Fund Act remains suspended and has no legal effect,” LSK stated.
The case will be heard on October 8.
