The High Court on Friday, July 12, handed a lifeline to the government over the controversial Social Health Insurance Fund (SHIF).
A three-judge bench comprising Alfred Mabeya, Robert Limo and Freda Mugambi suspended their ruling for 45 days hours after announcing that the fund was unconstitutional.
According to the judges, the suspension came after the office of the Attorney General raised concerns of confusion in the health sector. SHIF was expected to replace the National Health Insurance Fund (NHIF).
The AG's office argued that repealing the fund would create a void in the health sector which would affect a majority of Kenyans.
During this 45-window the office of the Attorney General will review and appeal the High Court's decision on the unconstitutionality of the funds.
Additionally, the AG's office will also be required to implement the ruling within 120 days. This new ruling however does not affect Sections 26 (5) and 27(4) that were termed as unconstitutional.
These acts outlined that only Kenyans whose contributions were up to date would receive health services at facilities across the country.
Furthermore, the sections also indicated that each person must show proof of compliance with registrations and contributions before accessing other public services.
In the earlier ruling by the court declared that the four acts enacted by President William Ruto to overhaul the health sector were null and void.
The court also suspended the ongoing registration for SHIF among other activities relating to the controversial fund.
Some of the acts enacted by Ruto were the Primary Health Care Act, of 2023, the Digital Health Act, of 2023, the Facility Improvement Financing Act, of 2023 and the Social Health Insurance Act, of 2023 which were signed into law in October 2023. These acts were suspended.
The court also granted Parliament 120 days to undertake sensitization, adequate, reasonable, sufficient & inclusive public participation following the Constitution before enacting the said Acts·
If Parliament fails to remedy the underlying legislation within the prescribed 120 days, the Acts are declared unconstitutional, null & void.
