The High Court has quashed the National Health Insurance Fund (NHIF) pending claims verification committee, just four months after it was initially formed.
In what is a blow to Health Cabinet Secretary Aden Duale, the court found that the formation of the committee was unconstitutional as it usurped powers meant for the independent office of the Auditor General contrary to article 226(3) & 229 of the constitution.
Further, the ruling, delivered by Justice Ruben Nyakundi, found that in this case, CS Duale had no powers to form an Ad Hoc committee.
This meant that the formation of the special NHIF committee through a Gazette Notice had breached the spirit and letter of the Constitution.
The ruling came after a petition filed by Nakuru-based doctor Magare Gikenyi, who had cited illegality and impropriety in the formation of the Committee.
Gikenyi noted that CS Duale had failed to consider budgetary compliance and financial compliance in forming the committee.
According to Gikenyi, such an act by the CS made him liable to impeachment as it was a violation of the law through abuse of power.
On March 28, Duale appointed the committee to verify the pending medical claims by the defunct NHIF and report their findings and recommendations within 90 days, before any payments can be made.
While presiding over the inauguration of the committee on April 6, Duale noted that the committee would address several issues, including concerns over delays and questionable disbursements made under the previous medical health insurance scheme.
The CS also tasked the panel with coming up with clear criteria for examining claims, identifying fraud submitted in the claims, and preparing policy recommendations to prevent a recurrence of such in the future.
The ruling came as a final nail on the coffin of the Committee after the court had previously issued conservatory orders suspending the work of the special group.
Justice Nyakundi had on May 13 issued the orders halting the committee’s activities pending the determination of the petition filed by Gikenyi against the taskforce.
