KBC Channel 1

Tag: Social Health Insurance Act

  • Appellate Court stays orders, clears SHA rollout pending appeal

    Appellate Court stays orders, clears SHA rollout pending appeal

    The Court of Appeal has temporarily suspended a High Court ruling that invalidated three critical health laws, following an appeal by the Cabinet Secretary for Health and the National Assembly.

    The laws in question, the Digital Health Act, the Primary Healthcare Act, and the Social Health Insurance Act, will remain in effect pending the hearing and determination of the appeal.

    In their ruling, Justices Francis Tuiyott, Ali Aroni, and Lydia Achode directed that the case be urgently placed before the President of the Court of Appeal for a priority hearing to expedite its resolution.

    The decision allows the government to continue implementing the three laws, which have been in force for nine months, as the appeal process unfolds.

    The Judges stated, “We reached this decision because the statutes have been with us for nine months. Allowing the health sector to revert to the old framework, with the possibility of it shifting back again if the appeal succeeds, would put this undeniably crucial sector in a state of flux and uncertainty.”

    The High Court judgment, which prompted the appeal, arose from a petition filed by Joseph Enoch Aura, who challenged the three health laws, citing inadequate public participation during their enactment.

    However, the National Assembly defended the laws, asserting that they were passed with extensive public consultation.

    The three laws came into effect on November 22, 2023, replacing the NHIF Act and transferring the functions of the National Health Insurance Fund (NHIF) to the newly established Social Health Insurance Authority (SHIA).

    The appeal, filed by the Health Cabinet Secretary, lists the National Assembly and the Senate among 14 respondents.

  • Health Ministry seeks Ksh 100M to conduct public participation on suspended UHC laws

    Health Ministry seeks Ksh 100M to conduct public participation on suspended UHC laws

    The State Department of Medical Services has requested Parliament to allocate at least Ksh 100 million for sensitization and public participation in the Social Health Insurance Act (SHIA), which was declared unconstitutional by the court.

    The High Court nullified the Social Health Insurance Act 2023, the Primary Healthcare Act 2023, and the Digital Health Act 2023, which had replaced the National Health Insurance Fund (NHIF), due to insufficient public participation.

    A three-judge bench, comprising Justices Alfred Mabeya, Robert Limo, and Fredrick Mugambi, gave Parliament 120 days to make the necessary amendments. During this period, the acts will remain suspended.

    Appearing before the National Assembly Departmental Committee on Health on Wednesday, Medical Services Principal Secretary Dr Harry Kimtai emphasized that the KSh 100 million allocation would enable the department to conduct public and stakeholder sensitization on the relevant laws in compliance with the court judgment.

    “We are requesting a budget allocation of Sh100 million to undertake sensitization on the UHC laws in accordance with the court judgment,” said Dr. Kimtai.

    Dr. Kimtai also stated that the Ministry intends to appeal the court’s decision to suspend the health laws after the 45-day stay order on implementation expires.

    He mentioned that the ministry has reviewed the court’s ruling and believes there are sufficient grounds to appeal some of the directives issued.

    “We’ve agreed to form a joint team from the Ministry, Parliamentary Service Commission (PSC), and the Attorney General to strategize on how to appeal, and conduct public participation,” he said.

    According to Dr. Kimtai, the two-pronged approach involves lodging an appeal and conducting public participation and sensitization on the suspended laws.

    “So far, we’ve agreed to use this two-pronged approach of appealing and then conducting public participation,” he noted.

    In its ruling, the three-judge bench pointed out that some rights under the Act had been limited.

    They cited sections 26(5) and 27(4) of SHIA. Section 26(5) makes registration and contribution a precondition for accessing public services from national and county governments or their entities. Section 27(4) stipulates that a person can only access healthcare services if their contributions to the SHIF are up-to-date and active.

    The judges stated that these sections could not withstand constitutional scrutiny because they did not make exceptions for the right to emergency medical services, thus violating Article 43 of the constitution, which guarantees every Kenyan the right to health services.

    “The precondition set out in those two provisions infringes on the right to access emergency services, while the state aims to realize this right with the challenged acts,” the judges concluded.

  • Court lifts orders barring implementation of Social Health Insurance Act

    Court lifts orders barring implementation of Social Health Insurance Act

    The Court of Appeal has suspended orders issued by the High Court that stopped the implementation of the Social Health Insurance Act, 2023.

    The three-judge bench, comprising Justices Patrick Kiage, Pauline Nyamweya, and Grace Ngenye also lifted orders restraining the implementation of the Primary Health Care Act, 2023, and The Digital Health Act, 2023.

    In the ruling delivered on Friday, the judges stated that the case pending before court poses a real and present danger to the health rights of countless citizens who are not parties to the ongoing matter.

    “We are persuaded that the confusion, the lacuna and the risk and harm to citizens pending the hearing and determination of the appeal is a price too dear to pay, and it would have the effect of rendering the appeal nugatory,” the ruling reads in part.

    However, several sections of the Social Health Insurance Act remain suspended pending the hearing and determination of the appeal.

    The sections include section 26(5) which makes registration and contribution a precondition for dealing with or accessing public services from the national and county governments and section 27(4) which provides that a person shall only access healthcare services where their contributions to the Social Health Insurance Fund are up to date and active.

    Section 47(3) which obligates every Kenyan to be uniquely identified for purposes of the provision of health services will also remain suspended.

    The Social Health Insurance Act is set to replace the current National Health Insurance Fund (NHIF) and establishes three new funds.

    The funds include Primary Healthcare Fund, the Social Health Insurance Fund, and the Emergency, Chronic and Critical Illness Fund.

  • President Ruto: New healthcare plan will leave no one behind

    President Ruto: New healthcare plan will leave no one behind

    Kenyans will now access quality healthcare in an efficient, affordable and non-discriminatory manner.

    This follows the signing of four revolutionary and progressive Universal Health Coverage bills on Thursday by President William Ruto.

    They are the Primary Health Care Act, 2023, the Digital Health Act, 2023, the Facility Improvement Financing Act, 2023 and the Social Health Insurance Act, 2023.

    The Act will provide the necessary legal and institutional framework for the successful rollout of Universal Health Coverage.

    “These laws will transform healthcare in Kenya; they will save lives, empower communities and make us a stronger and healthier nation,” said President William Ruto.

    The President said the Act will complement the Community Health Policy and Primary Health Care and Health Financing Strategies, putting an end to challenges in healthcare service delivery.