The National Assembly has contested the legality of a petition submitted by four Medical Unions against the recent enactment of the Social Health Insurance Act.
Parliament, through the Clerk of National Assembly, Samuel Njoroge argued that the matter is already under substantive consideration before the High Court in another lawsuit.
According to Njoroge, entertaining the petition filed by the four medical unions may occasion the possibility of conflicting decisions by different courts on the same issue.
“The institution of several suits over the same issues should be discouraged by the Courts,” argued Njoroge in his affidavit.
He suggested that it either be stayed or consolidated with a separate petition currently before a three-Judge Bench, scheduled for hearing on March 20th and 21st, 2024.
The contentious petition, brought forth by the Kenya Medical Practitioners’ and Dentists Union (KMPDU), the Union of Kenya Civil Servants (UCS), People’s Health Movement (PHM), and the Kenya Alliance of Street Vendors (KASV), asserts that the Social Health Insurance Act violates several provisions of the Constitution concerning healthcare.
Also Read: Confusion as Govt Makes U-Turn on Date Mandatory SHIF Deductions Will Start
Petition in High Court
However, the High Court is already seized with another petition filed by Joseph Enock Aura, challenging the legality of not only the Social Health Insurance Act but also the Primary Healthcare Act and the Digital Health Act of 2023.
Chief Justice and President of the Supreme Court, Lady Justice Martha Koome, previously referred Aura’s petition to a High Court panel consisting of Justice Alfred Mabeya, Justice Freda Gathiru, and Justice Robert Limo.
This move came in response to an application by the National Assembly and the Senate, advocating for a broader bench due to the weighty matters raised.
Njoroge contends that entertaining the petition from the medical unions could lead to conflicting decisions by different courts on the same issue.
He further argues against the proliferation of lawsuits on identical matters within the judicial system.
High Court Judge, Justice Chacha Mwita, earlier this year, granted a request from the four medical unions to have their case heard by a three-Judge Bench.
Also Read: Govt Sets Deadline for Kenyans to Register Under SHIF
Subsequently, he forwarded the request for the bench’s constitution to the Chief Justice.
In his ruling, Justice Mwita suggested that placing the file before the Bench currently handling Aura’s petition, which is due for mention, could facilitate the resolution of preliminary issues, including the objection raised by the Clerk of the National Assembly against the petition by the Medical Unions.
The other parties named in the lawsuit brought by the four medical unions regarding the Social Health Insurance Act include the Cabinet Secretary in the Ministry of Health and the Attorney General.
