The high court has suspended the implementation of the Social Health Insurance Act until February 7, 2024.
In a ruling made by Justice Chacha Mwita, the court noted that the Act will be put on hold until a petition submitted by the Kenya Medical Practitioners, Pharmacists and Dentists Union (KMPDU), is heard and determined.
According to the Union, the government has chosen to implement the act without involving stakeholders.
“In the meantime, a conservatory order is hereby issued restraining the respondents, their agents and or anyone acting on their directives from implementing and or enforcing The SOCIAL HEALTH INSHURANCE ACT, 2023,
“The PRIMARY HEALTH CARE ACT, 2023 and The DIGITAL HEALTH ACT, 2023 until 7th February 2024 GIVEN UNDER my Hand and the Seal of the court this 27th Day of November 2023,” Judge Mwita ordered.
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Government Invites Public Participation Despite Court Order
Despite the move by the high court, the Ministry of Health on Tuesday, November 28, issued a notice calling for public participation on the implementation of the Act.
The notice indicated that the ministry had already drafted regulations for the health insurance Act and was receiving public views on the same.
Also, members of the public were directed to submit their comments through a written memoranda that ought to be hand delivered to the office of the health CS.
“It is notified for information of the general public that the Cabinet Secretary for Health, in consultation with the Board of the Social Health Authority, has developed the following two (2) sets of draft regulations to the Social Health Insurance Act.
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“The Cabinet Secretary, in consultation with the Board of the Social Health Authority, invites interested members of the public, stakeholders and organizations to submit any comments, views or make representations,” the notice read in part.
In addition, the ministry set the deadline for receiving the recommendations December 12, 2023, at 5:00 pm.
KMPDU Raises Concerns Over the Bill
Earlier in November 17, the union challenged the Act stating that there was lack of consideration in the memo that was given to the union.
Additionally, the union’s Secretary General Davji Atellah stated that the Act was passed hastily and their input in the matter was disregarded.
Also, the SG stated that the implementation of the Act was a misallocation of resources by government and that the government was exploiting Kenyans.
“The primary fund and the credit fund being taxpayer’s money, you cannot access this fund if you are in the informal sector, and you are unable to pay.
“This makes this bill not able to increase the quality of care but also looks like it is just manipulated to drive the agenda of personal interests,” he lamented.
The move came even as Health CS held a meeting with staff at NHIF to determine how the transition to the new health insurance authority would take place.
