The government’s universal healthcare plan, Social Health Insurance Fund (SHIF), is set to encounter another hurdle as a petition is presented in court challenging its implementation.
In a statement issued by the National Assembly, the House acknowledged the existence of a petition in which the President, the Attorney General's office, Parliament, and other entities were sued regarding the enactment of health laws.
According to Parliament, the petitioner, Joseph Enock Aura, challenged the legality of the Social Health Insurance Act, the Primary Healthcare Act, and the Digital Health Act 2023, following the assent to the three laws by the President.
Parliament states that the new petition challenges matters related to personal data usage and protection, including data privacy and information and communication technology within the three acts.
The National Assembly has requested that the petition be heard by not less than a three-judge bench since the aforementioned issues were sensitive matters of national interest.
While placing the request, the Clerk of the Senate who is also Secretary to the Parliamentary Service Commission (PSC), Mr. Jeremiah Nyegenye stated that the matters raise significant questions of law.
"The petition herein raises matters that call for a multisectoral approach to managing matters of healthcare including data privacy and information and communication technology which raise significant questions of law," argued Mr. Nyegenye.
Consequently, the judiciary granted the request and the petition will be heard by High Court Judges, Justice Alfred Mabeya, Justice Freda Gathiru and Justice Robert Limo.
Social Health Insurance Act and the other two bills were passed in parliament and later assented to by the President after the Court of Appeal lifted High Court orders that had blocked the implementation of the Act.
The act which is expected to replace the defunct National Health Insurance Fund, has been a matter of controversy with the government announcing the beginning of deductions for salaried personnel in March.
However, the announcement has raised eyebrows among Kenyans over the timelines as the fund is yet to commence operations.
Recent details on the implementation of the SHIF also state that the Ministry of Health plans to leverage Artificial Intelligence and self-registration procedures in its implementation.
