NAIROBI, Kenya, Jan 19 – The Court of Appeal has lifted an order barring the implementation of the Social Health Insurance Fund.
A three-judge bench composed of justices Patrick Kiage, Pauline Nyamweya and Ngenye Macharia directed that certain provision remain suspended pending the hearing and determination of the appeal filed by the State.
“For the avoidance of doubt we accordingly order as follows, 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,’’ the bench stated in its ruling.
This includes 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.
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, also remains suspended..
The High Court had suspended the implementation of the Health Reforms laws in November last and fixed the case for hearing on February 7.
The appeal court stated that the law allows registration and contribution as a pre-condition for persons to access public services from both the National and county governments or their entities.
The government filed the petition seeking the Appellate court to intervene and lift the orders granted by the High court stopping the rolling out of the SHIF.
The High Court had issued conservatory orders halting the implementation of three health Acts by the Ministry of Health in November 2023 stating that they pointed out important constitutional issues.
The Petitioner, Joseph Aura filed the case arguing that all the three Health Acts contravened the constitution with provisions seeking to deny Kenyans critical rights.
