Putting a halt to the government’s plans, Kenya’s High Court suspended the planned implementation of the Social Health Insurance Act 2023 by the Ministry of Health until February 2024.
In a brief ruling rendered by Justice Chacha Mwita on Monday, November 27, 2023, Kenya’s court temporarily stopped the state from enforcing three new funds gazetted by Health Cabinet Secretary (CS) Susan Nakhumicha pending the determination of a case lodged in court by activist Joseph Enock.
“In the meantime, a conservatory order is hereby issued restraining the respondents (President William Ruto, CSs in the Ministry of Health and Information, the Attorney General, Commission for Revenue Collection, The National Assembly and the Senate), their agents and or anyone acting on their directives from implementing and or enforcing The Social Health Insurance Act,2023; The Primary Health Care Act, 2023 and the Digital Health Act,2023 until February 7, 2024,” Justice Mwita ordered.
The judge granted the respondents and their agents seven days to file their responses in the case.
The orders of the court came two days before the Act, which repeals the National Health Insurance Fund (NHIF) and established three new funds, came into effect.
The three new funds which were introduced by the government include the Primary Healthcare Fund, Social Health Insurance Fund and Chronic Illness and Emergency Fund.
