Kenyans challenge Ruto’s healthcare reforms in two court cases
Kenyans challenge Ruto’s healthcare reforms in two court cases
Kenyans challenge Ruto’s healthcare reforms in two court cases
The Social Health Insurance and the Digital Health Acts have been the subject of two petitions filed by Kenyans, who claim that they are discriminatory, unclear to the beneficiaries, and a violation of their right to privacy and secrecy.
Dominic Masinya Oreo claimed in a suit submitted on October 20 to a High court in Nairobi that the Social Health Insurance Act is full of unclear language and uninformed suggestions that violate the constitution.
“It is unclear and unsustainable how the proposed Social Health Insurance scheme will be financed through premium contributions which are unreliable for healthcare resource mobilization in a country with substantial poverty,” Masinya said.”The Social Health Insurance Act relies on voluntary premium contributions and basing entitlement on contributions excludes many who are unable to pay, entrenches inequalities.”
Masinya claims that the Social Health Insurance Act is silent on whether the two recently established health funds—Primary Health Care Fund and Emergency and Chronic Care Fund—would be available to all Kenyans or only to those who qualify or whether some Kenyans will be excluded.
He further claims that the program lacks effective processes and means to categorize participants, and he asks the court to invalidate the Social Health Insurance Act because it violates fundamental legal principles.
The petitioner further asserted that the National Health Insurance Fund (NHIF) would experience difficulties as a result of the Health Insurance Act, which would result in many NHIF personnel losing their jobs. Masinya requested that the court delay the act in order to protect the future of the NHIF employees.
In his other petition regarding the Digital Health Act, Masinya criticizes the law for invading the privacy and confidentiality of many Kenyans and for failing to make clear data processing, in particular for failing to address worries about data misuse.”The act lacks provisions on international data transfers, defining safeguards for cross-border data flows, and adhering to international standards to prevent data compromise,” according to the petition.The petitioner asks the court to enjoin the Ministry of Health from putting the Social Health Insurance and the Digital Health Acts into effect.
After the National Assembly approved the legislation on Tuesday, President Ruto signed the Social Health Insurance Act, Digital Health Act, Primary Healthcare Act, and Facility Improvement Financing Act into law at Nairobi’s State House on Thursday, October 19.
