The High Court has suspended for 45 days its decision to get rid of SHIF laws.
The decision has been made after the Attorney General’s office argued nullification would leave void in the health sector.
Earlier, the High Court had declared the Social Health Insurance Fund (SHIF) unconstitutional.
While delivering the verdict, a three-judge bench consisting of Justices Alfred Mabeya, Robert Limo, and Fridah Mugambi declared the fund null and void.
Further, they gave the Parliament 120 days to correct the law establishing it.
The judges have ruled that there was no public participation in coming up with the new healthcare program, therefore it did not adhere to the law.
The judges further noted that there were disparities in the new Social Health Insurance Act since it would burden a few salaried individuals by creating a disparity in the contributions.
Moreover, the Parliament has been granted until November 20th to fix the law establishing the fund which was meant to take effect on October 1, 2024.
Also Read:17 New Benefits Introduced by SHIF That NHIF Didn’t Cover
Kenyans Receive SHIF Registration Prompts
SHIF was created to replace the National Health Insurance Fund (NHIF) with deductions set at 2.75% of one’s gross income.
Earlier, the Ministry of Health through NHIF sent messages to registered members, to notify them that they are required to register to SHIF.
“Thank you for being loyal to NHIF. Effective October 1, your social health insurance will be provided by Social Health authority. Please dial *147# to register,” the message read.
According to the former Health Cabinet secretary Susan Nakhumicha, SHIF insurance policies would enable Kenyans to access six free services at SHIF-accredited hospitals in the country.
Among the services Kenyans will be able to access include HIV testing and follow-up tests, access to Antiretroviral (ARV) treatment, family planning, and antimalarial medication and testing.
Additionally, she explained that the lowest contributor will pay Ksh300, compared to the current Ksh500 paid to NHIF.
Also Read: Employers Issue Directive on NHIF After Nakhumicha Extends SHIF Rollout
Other Selling Points of SHIF According to Nakhumicha
Under the new Social Health Insurance Fund (SHIF) law in Kenya, all citizens are required to contribute to the scheme, except for those who are unable to afford it, as the government will cover their contributions.
The law also stipulates that each spouse must make separate contributions to the SHIF, regardless of their household income.
For example, if both spouses earn Ksh100,000, each will be required to contribute 2.75% of their individual salaries to the SHIF. If they choose to make a joint contribution, a total of 5.50% will be deducted from one of their salaries.
Furthermore, the Act defines a household as a social unit comprising an eligible contributor and their beneficiaries, or individuals who share the same socio-economic needs related to consumption and production.
Employed individuals will have their SHIF contributions deducted monthly from their salaries, while those working in the informal sector will be required to make annual payments.
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