High Court Declares President Ruto’s SHIF Unconstitutional
President William Ruto’s efforts to implement universal health coverage faced a significant challenge on Friday when the High Court ruled three crucial Acts unconstitutional.
A panel of three judges nullified the Social Health Insurance Act (SHIA) 2023, Primary Health Care Act, 2023, and Digital Health Act, 2023, which were set to replace the National Hospital Insurance Fund (NHIF).
Justices Alfred Mabeya, Robert Limo, and Freda Mugambi postponed their ruling for 120 days to provide the government time to begin the process of enacting new legislation.
Former Health Cabinet Secretary Susan Nakhumicha defended the Acts, stating they aimed to advance UHC implementation and ensure everyone could access high-quality healthcare.
Nakhumicha explained that the Act establishes the Social Health Authority, which oversees the Primary Healthcare Fund, the Social Health Insurance Fund, and the Emergency, Chronic and Critical Illness Fund.
She also mentioned that individuals would contribute 2.75 percent of their income to the SHIF, with the government covering the cost for those unable to pay.
President Ruto had scheduled the rollout for October 1, and the NHIF had been urging Kenyans to register with SHA.
The laws faced opposition from Joseph Enock Aura and others, who argued the government appointed numerous community health promoters without involving county governments in the decision.
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Aura’s lawyer, Harrison Kinyanjui, contended that appointing untrained, inexperienced individuals as community health promoters compromised healthcare quality, as these roles require handling sensitive personal data.
Kinyanjui argued that by assigning vital primary healthcare responsibilities to unlicensed and arbitrarily appointed community health promoters, the Primary Health Act, of 2023 undermines the goal of quality healthcare as outlined in Article 43(1)(a) of the constitution.
He also claimed the three Acts were illegal because they were enacted without adhering to the Statutory Instruments Act’s requirements, including the submission of a regulatory impact statement.
Regarding public participation, Kinyanjui pointed out that the bills were not subjected to effective public input, especially as no participation was conducted in Kiswahili.
Kinyanjui further argued that the National Assembly did not receive a report from the Commission on Revenue Allocation before voting on the Social Health Fund Bill, 2023.
He noted that the bills were rushed through Parliament on September 26, 2023, with the second reading occurring on the same day.
High Court Declares President Ruto’s SHIF Unconstitutional
