3-judge Bench to Hear Social Health Case

Chief Justice Martha Koome appointed a three judge bench to hear and determine a case challenging the new public health insurance.

The CJ tasked Justices Alfred Mabeya, Robert Limo and Fridah Mugambi to deal with the case filed by litigants.

Justice Chacha Mwita had on February 23 directed the matter be listed to confirm if the Chief Justice will have empanelled a bench to handle it.

The move came after the National Assembly managed to convince the court that the case as filed by one Enock Aura raises weighty and complex constitutional issues.

One of the questions the bench will determine is whether the integrated digital health information system violates the right to privacy by storing the data of minors without their consent.

The Social Health Insurance Act, Digital Health Act, Primary Healthcare Act and Facility Improvement Financing Act signed to law by President William Ruto on October 19 last year.

Upon enactment of the said laws, the entire National Health Insurance Fund Act, 1998, (“the NHIF Act”) which had been in operation for 25 years was repealed.

This prompted the petition being filed in court challenging the constitutionality of the statutes.

Aura filed the matter in court last year and an order was subsequently issued suspending implementation of the Act.

But Health Cabinet Secretary Susan Nakhumicha appealed to the Court of Appeal before the court suspended three sections of the laws including section 26 (5) which makes registration and contribution a precondition for accessing public services from the national and county governments or their entities.

The court also suspended section 27 (4) which provides that a person shall only access healthcare services where their contributions to the SHIF are up to date.

The appeal is pending hearing. The government says Kenyans will start to contribute to the law from June this year.