The rollout of the Social Health Insurance Fund (SHIF) has hit another hurdle after the High Court blocked the government’s directive that all parents ensure that their school-going children are registered under the upcoming scheme.....CLICK HERE TO READ THE FULL ARTICLE>>>
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.
“I have considered the applicant’s application dated 17 September 2024 filed under a certificate of urgency of even date. I am satisfied that the application is urgent and it is so certified. Leave is granted for the applicant to file a substantive motion for judicial review reliefs in terms of prayers 2(a) and (b) of the chamber summons,” the orders read in part.
“The motion shall be filed and served within 7 days of the date of this ruling. The respondents shall file and serve their response to the motion within 7 days of the date of service of the applicant’s motion. The motion shall be heard inter partes on 8 September 2024.”
Justice Ngaah further directed that the status quo, before the issue of the impugned directive or decision of August 16, 2024, shall be maintained pending the hearing and determination of the substantive motion or until further orders of the court.
The LSK argued that it infringed on children’s rights by potentially denying them access to basic education, as it required registration under a law that is not currently in force.
LSK also pointed to a High Court ruling made in July 2024, where Justices Alfred Mabeya, Robert Limo, and Fridah Mugambi declared the Social Health Insurance Act unconstitutional. The court had given Parliament 120 days to revise the Act, emphasising that sufficient public participation was needed before any amendments could be enacted.
The Act in question had previously called for the compulsory registration of all Kenyans under SHIF, but this provision remains controversial. “The orders to that judgment have not been complied with, and in any event, the Social Health Insurance Fund Act remains suspended and of no legal consequence,” LSK said.
The latest ruling adds to the woes compounded on the SHIF fund, with its rollout set for October 1, 2024. The government fears that this will influence Kenyans to shy away from registering for the fund, which seeks to replace the National Health Insurance Fund (NHIF).
When the Education Ministry’s directive was issued, the government had given Kenyans just 10 days to register their children under SHIF, which was initially declared unconstitutional by the High Court on July 12 but the court decision was suspended for 45 days following intervention from the Attorney General’s office.
The Social Health Insurance Act No. 16 of 2023, which came into effect on November 22, 2023, mandates that all Kenyans, including children, register with SHIF. This act aims to improve the country’s Universal Health Coverage (UHC) goals by ensuring that every individual has access to necessary healthcare services.
Still, the government through the Ministry of Health noted that it remains hopeful the Court of Appeal will uphold the significance of the three health laws it suspended when it delivers its ruling on Friday.
The Ministry expressed confidence that the implementation of the Social Health Insurance Act (SHIA), along with the Primary Health Care Act and Digital Health Act, which were intended to replace NHIF, will proceed under the time given for Parliament to re-enact the laws.
Despite concerns about the upcoming court case challenging the roll-out of the Social Health Authority (SHA) scheduled for October 1, the Ministry said it is optimistic that Parliament will support the health scheme. “Now with the Stay of Order of 45 days that we were granted, it means that the Acts are still active and therefore we will continue implementing them,” Medical Services PS Harry Kimtai said during a media SHA immersion meeting in Nairobi on Wednesday.
The PS revealed that a formal appeal has been filed, and Friday’s ruling will address this application. “That ruling will be issued on September 20,” the PS said, expressing hope that the Ministry’s request will be granted, allowing for continued implementation of the Acts until the case is resolved.
However, he noted that if the Stay of Order is overturned, the Ministry would rely on the 120 days granted to Parliament to re-enact the laws.…CLICK HERE FOR MORE ARTICLE>>>
