Social Health Insurance Act suspended by court until 2024
Social Health Insurance Act suspended by court until 2024
On Monday, the President William Ruto recently signed three legislation, but the High Court issued rulings postponing their execution until February 7, 2024.The Primary Health Care Act, the Social Health Insurance Act, and the Digital and Digital Health Act are among the Acts.
The Kenya Medical Practitioners, Pharmacists & Dentists Union (KMPDU) filed a court application to halt the Acts, claiming that they would have an adverse impact on the broader health sector.
According to Justice Chacha Mwita, “A conservatory order is hereby issued restraining the respondents, their agents, or anyone acting on their directives from implementing and enforcing The Social Health Insurance Act, 2023, The Primary Health Care Act, 2023, and The Digital Health Act, 2023 until 7th February 2024.”
The court temporarily stopped the state from enforcing three new funds gazetted by Health Cabinet Secretary (CS) Susan Nakhumicha pending the determination of a case lodged in court by activist Joseph Enock.
While seeking the orders, Enock through his lawyer, Harrison Kinyanjui, told the judge that the Social Health Insurance Act 2023 is unconstitutional since the Executive usurped the role of the Parliament when enacting the new law.He argued that there was no proper public participation before the said acts law was enacted.
According to the Enock on September 14, 2023, the National Assembly irrationally and unconstitutionally allowed the debate period for The Social Health Insurance (National Assembly Bill No. 58 of 2023, consideration period to be truncated from the regular fourteen days to afford the Members of National Assembly time to scrutinize and read for themselves the said Bill to a mere three days in a manner that clearly violated Article 118(1)(b) of the Constitution of Kenya which mandates public participation of the people of Kenya and their involvement in the process of making legislation.
