The State has got a win on Friday at the court of appeal after the court lifted orders which had barred implementation of the Social Health Insurance Act 2023.
This is after Health CS Susan Nakhumicha appealed the decision of the high court which had suspended implementing and enforcing of Social Health Insurance Act, 2023, The Primary Health Care Act, 2023 and The Digital Health Act, 2023.
Justices Paul Kiage, Pauline Nyamweya and Ngenye Macharia allowed the application for stay ruling that there is a real and present danger to the health rights of countless citizens who are not parties to the litigation pending before the courts.
“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 court ruled.
The court suspended the orders of the High Court restraining
the implementation and or enforcement of The Social Health
Insurance Act, 2023, The Primary Health Care Act, 2023and The Digital Health Act, 2023.
However, the judges ruled that some sections of the Social Health Insurance Act shall remain suspended pending the hearing and determination of appeal.
These 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 or their entities.
Also, 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.
And Section 47(3) which obligates every Kenyan to be uniquely
identified for purposes of provision of health services.
In the case, Activist Joseph Aura has sued the state challenging implementation of the Social Health Insurance Fund Act 2023 that was signed into law by the President on October 19 2023.
