The appellate court ruled in favour of the Deborah Barasa-led Ministry, noting that the appeal which was lodged by the government was well-merited.
The Court of Appeal has issued stay orders which will allow the Ministry of Health to proceed with the planned rollout of the Social Health Insurance Fund (SHIF) on October 1, 2024.
The appellate court ruled in favour of the Deborah Barasa-led Ministry, noting that the appeal which was lodged by the government was well-merited.
“We reach this decision because the statutes have been with us for nine months and to allow the framework under which the health sector is operating to revert to the old framework with the possibility of it returning back again to the current framework (in the event of the appeal succeeding) is to put this undeniably crucial sector in a state of flux and uncertainty,” the appellate court explained.
A photo of SHA logo and President William Ruto speaking at State House. /SOCIAL HEALTH AUTHORITY.PCS
“That said, the statutes have already been adjudged as unconstitutional and it is in the interest of all, not least the applicant as a key implementer of the statues, that the question of their validity be settled urgently and with finality. So that the issue does not linger on much longer, we shall be directing that the appeal be disposed of on priority basis.”
The stay was granted as sought by the Ministry regarding the notice of motion dated July 26, 2024, pending the hearing and determination of the appeal but with no order as to costs.
Back in July, the High Court, through a three-judge bench consisting of Justices Alfred Mabeya, Robert Limo and Fridah Mugambi declared the fund null and void and gave Parliament 120 days, until November 20, 2024, to make amendments to the said Act.
They instructed Parliament to undertake adequate public participation in accordance with the constitution before enacting the same act and amending the unconstitutional provisions.
The court ruling also saw the ongoing registration for SHIF among other activities relating to the controversial fund suspended. However, after intervention from the Attorney General’s office, the High Court suspended its previous decision, for 45 days.
The latest ruling comes a day after the planned rollout of SHIF hit a hurdle after the High Court temporarily halted its implementation on school-going children.
The conservatory order will be in place until the court rules on a case filed by the Law Society of Kenya (LSK). LSK in its argument told the court that the directive issued by the Ministries of Education and Health, and the Attorney General was unlawful.
According to an internal memo sent to County Directors of Education and Regional Directors of Education issued on August 22, Basic Education Principal Secretary Belio Kipsang directed that all school-going children must be registered as dependents of their parents before the start of the new school term.
However, Justice Jairus Ngaah, who certified the LSK’s case as urgent, issued an order stopping the directive.
The Milimani Law Courts in Nairobi. /FILE
