The Court of Appeal has declined to lift orders suspending the implementation of the Social Health Insurance Fund (SHIF).
In a ruling on Wednesday, January 10, Justices Patrick Kiage, Pauline Nyamweya and Ngenye Macharia refused to issue any orders until Friday, January 19, when the court will give directions based on submissions made by parties in the case.
“We decline to issue any orders at this point on this appeal pending our ruling on the lengthy submission made by the parties,” Justice Kiage stated.
The Appellate Court is expected to pronounce itself on the constitutionality of the SHIF after a ruling by the High Court that suspended the insurance fund championed by the Kenya Kwanza government.
Disgruntled by the suspension, Health CS Susan Nakhumicha moved to the Court of Appeal seeking to have the suspension orders lifted.
Nakhumicha Pleads with Court to Allow SHIF Implementation
Nakhumicha through her lawyer Fred Ngatia argued that suspension of the fund would inflict suffering to Kenyans who would have otherwise benefited from SHIF.
In his submissions during the hearings made on Wednesday, January 10, Lawyer Ngatia had asked the judges to consider patients who were suffering due to the suspension of the program.
According to him, the suspension had plunged operations in the health sector into confusion.
“I urge you to kindly consider the thousands of patients who are suffering in the country as they seek treatment,” Ngatia said in the session.
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Also represented in the court was Attorney General Justin Muturi who also argued in support of Nakhumicha’s position about the suspension.
According to the AG, suspending the new insurance left a gap in the national health insurance program as the former National Health Insurance Fund (NHIF) had been retired.
Following the hearing, the Court of Appeal retired to make the final decision on whether to grant the request to overturn the decision of the High Court.
Ruto’s Attacks on Judiciary
This comes amid the recent onslaught by President William Ruto directed at the Judiciary over recent cases that judges ruled against government policies.
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On several occasions, the President has been vocal about his resolve to weed out corrupt judges whom he accused of colluding with cartels in frustrating government policies.
Speaking during his new year’s message, Ruto said that some of the cartels who benefited from fraudulent practices had grouped to frustrate the new insurance plan.
“I want to make it clear that the interests of beneficiaries of the corruption in the former NHIF ganging up with corrupt officials to stall the program that is going to make it possible for the ordinary citizens to access healthcare so that a few corrupt characters can continue to steal from NHIF will stop,” he said in his address.
