Health Cabinet Secretary Aden Duale has reiterated that his docket will respect the High Court's decision to declare his months-old committee unconstitutional.
On Wednesday, August 13, the High Court 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 Articles 226(3) & 229 of the Constitution.
The ruling, delivered by Justice Ruben Nyakundi, also found that in this case, CS Duale had no powers to form an Ad Hoc Committee.
In his response, Duale noted the existing constitutional provisions, saying the law would be used to guide the ministry's next steps on the matter.
"The Ministry of Health under my leadership will uphold and respect the decision of the court but we shall be guided by the same constitutional provision of articles 223, 206(1)(b), the Public Finance Management Act 2012, public procurement and Asset Disposal act 2015, the Appropriations Act, Anti corruption and Economic Crimes Act, and parliamentary oversight on how the NHIF pending bills will be settled," Duale stated.
The CS also hinted that the committee was not necessarily quashed, but his docket would look into its structure and change certain aspects to align with the law.
He added, "Verification of the pending claims is not negotiable, and we shall protect public resources. We shall consult on how the verification will be done in accordance with the supreme law of the land."
Duale initially 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.
At the time, the CS noted that the committee would address several issues, including concerns over delays and questionable disbursements made under the previous medical health insurance scheme.
However, Nakuru-based doctor Magare Gikenyi challenged the committee in a petition, citing illegality and impropriety in the formation of the Committee.
Gikenyi noted that CS Duale had failed to consider budgetary and financial compliance in forming the committee.
