Twist As Court Suspends Ruling Invalidating SHIF for 45 Days

The High Court has postponed its ruling that nullified the Health Acts for 45 days, granting the government time to file an appeal.

This announcement came just hours after the court declared the Social Health Insurance Fund unconstitutional.

The three-judge bench, led by Justice Alfred Mabeya, clarified that the 45-day suspension would not impact the invalidation of sections 26 and 27 of the Social Health Insurance Act due to their unconstitutionality.

Section 26(5) requires registration and contributions as prerequisites for accessing public services from national and county governments.

Section 27(4) stipulates that individuals can only access healthcare services if their contributions to the SHIF are current and active.

The judges stated that since these sections do not allow for exceptions to the right to emergency medical services, they fail to meet constitutional standards.

Read: SHIF Registration to Commence On July 1 – CS Nakhumicha

This is because they violate Article 43 of the constitution, which mandates that every Kenyan must be uniquely identified for the purpose of receiving health services.

In their judgment, Justices Mabeya, Robert Limo, and Mugambi granted Parliament 120 days to amend the Act in question.

The three-judge panel instructed Parliament to ensure sufficient public participation, as required by the constitution, before re-enacting the Act and amending its unconstitutional provisions.

“This should be done within 120 days. If they fail to, the Act shall remain suspended,” the court ruled.

The court determined that the program had disproportionately burdened a small number of salaried individuals, resulting in an unequal contribution system.