The Court of Appeal has extended its stay on a High Court order halting the transition from the National Health Insurance Fund (NHIF) to the Social Health Insurance Fund (SHIF).
The decision, delivered by Justices Francis Tuiyott, Ali Aroni, and Lydia Achode, maintains the status quo until September 20, 2024, when a final ruling will be issued.
This extension means that the three statutes supporting SHIF the Digital Health Act, the Primary Healthcare Act, and the Social Health Insurance Act will remain in effect.
However, Sections 26(5) and 27 of the Social Health Insurance Act are exempted from this extension.
Section 26(5) of the Act requires proof of compliance with registration and contribution provisions for accessing public services, while Section 27 details the obligations and penalties for contributors.
The National Assembly, along with the Ministry of Health, had challenged the High Court’s suspension of these statutes.
They argued that the legislative process leading to the enactment of the three laws was conducted correctly.
On July 12, 2024, the High Court declared the Social Health Insurance Act unconstitutional, citing insufficient public participation.
Justices Alfred Mabeya, Robert Limo, and Fridah Megabit found that the Act did not meet constitutional requirements for public engagement and contained inconsistencies.
They allowed a 120-day suspension of the Act’s nullification to give Parliament time to address these issues.
In its latest ruling, the Court of Appeal has temporarily suspended the High Court’s orders against implementing the Social Health Insurance Act, the Primary Health Care Act, and the Digital Health Act, while the matter remains under review.
