Court Approves Ruto’s Social Health Insurance Fund Deduction
Court Approves Ruto’s Social Health Insurance Fund Deduction
Today, Friday, January 19, President William Ruto’s Social Health Insurance Act gained significant momentum when the Court of Appeal lifted provisional restrictions that had prevented its implementation.The appellate court permitted the new Act to take the place of the expired NHIF Act by overturning the orders that the High Court had given.
“We hereby suspend the orders of the High Court restraining the implementation and/or enforcement of The Social Health Insurance Act, 2023, The Primary Health Care Act, 2023, and The Digital Health Act, 2023,” ruled Justices Patrick Kiage, Pauline Nyamweya, and Grace Ngenye.The justices further stated that Susan Nakhumicha, the cabinet secretary for health, was correct to warn that the industry would be in danger if the Social Health Insurance Act was not passed.
They also pointed out that the locals, who were meant to gain from the Insurance Act, were not involved in the legal dispute. However, a directive directing beneficiaries to obtain medical care only in cases where their Social Health Insurance Fund contributions are current and active was placed on hold by the court.
This directive was provided under Section 26(5) of the Act which also stipulated that access to public services would only be granted to contributors.
“The Primary Health Care Act, 2023 Page 21 of 22 and The Digital Health Act, 2023, save for the following provisions of the Social Health Insurance Act that shall remain suspended pending the hearing and determination of the applicant’s appeal in Civil Appeal No. E984 of 2023.
“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. (b) 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. (c) Section 47(3) which obligates every Kenyan to be uniquely identified for purposes of provision of health services,” they added.
They also ordered the registrar of the court to allocate a hearing date for Civil Appeal No. E984 of 2023 no later than March 31, 2024, to give a way forward on the suspended sections.
On November 27, 2023, following Health CS Nakhumicha’s gazetting of the new funding structure, the High Court issued orders prohibiting its execution.Following the filing of a petition opposing the gazettement by the Kenya Medical Practitioners, Pharmacists and Dentists Union (KMPDU), this occurred.In their argument, the unions contended that the government was disenfranchising the local population from using government services and that it was enacting a new funding structure without consulting the public.
In contrast, CS Nhakumicha said that the Ministry of Health and NHIF would decide who was eligible to use the system structure or retire early without excluding any Kenyans who had already joined in the now-defunct NHIF. “I’m sure you’ll want to know what the exit package is for individuals who are leaving. On November 27, 2023, Nakhumicha confirmed, “We have decided to have a team of people from the ministry, NHIF, and the Public Service Commission meet together and produce a package.
