Summary
The Court of Appeal denies the government’s request to lift the order blocking the Social Health Insurance Fund (SHIF), setting January 19, 2023, for a crucial judgment.
The government faced a setback as the Court of Appeal declined to overturn a High Court order preventing the implementation of the Social Health Insurance Fund (SHIF). The three-judge bench opted to deliver its verdict on January 19, 2023, determining the fate of the 2023 Social Health Insurance Act, designed to replace the National Hospital Insurance Fund (NHIF).
Senior Counsel Fred Ngatia argued on behalf of the government, asserting that the High Court order had resulted in the denial of medical care to many Kenyans, a violation of constitutional provisions.
President William Ruto expressed concern for low-income earners, pledging to reduce NHIF fees from Ksh. 500 to Ksh. 300. However, legal battles over the matter have persisted in court, with Ngatia emphasizing that the Social Health Insurance Act, 2023, had disenfranchised citizens, urging the court to protect Kenyans’ constitutional rights.
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The Attorney General, through legal representation, appealed for the lifting of existing orders, citing the suffering of patients. However, respondents’ representative Harrison Kinyanjui argued against temporary relief, emphasizing the lack of evidence of Kenyans being denied healthcare.
The government, in court documents, warned that 17 million NHIF-dependent Kenyans might face healthcare challenges if the High Court orders remain in force. Despite the legal hurdles, President Ruto remains steadfast, condemning those he accuses of theft within NHIF and vowing to combat corruption in public funds management.