Friday, July 12, 2024 – President William Ruto has been dealt a severe blow. This is after a three-judge bench declared the Social Health Insurance Fund (SHIF) as unconstitutional.
This decision effectively halts
the implementation of SHIF, a project designed to replace the beleaguered
National Health Insurance Fund (NHIF).
In the ruling, the court
declared all laws enacted by Ruto’s administration to overhaul the health care
system as "null and void."
The court has also suspended any
further actions undertaken under SHIF, including the ongoing registration.
“A declaration is hereby issued
that the entire Social Health Insurance Fund Act 2023, the entire Digital
Health Act 2023, and the Primary Health Act 2023 are all unconstitutional and
therefore legally null and void.”
“Within that period, the Acts
shall remain suspended,” the judges asserted, sending the matter back to
Parliament for rectification,” the judges declared unequivocally.
Lawmakers have been given until
November 20 to amend the legislation.
The Social Health Insurance Act,
No. 16 of 2023 (SHIFA), which received presidential assent on October 19, 2023,
and became effective on November 22, 2023, aimed to establish the Social Health
Authority.
This body would manage social
health insurance, fulfilling Article 43(1)(a) of the Constitution, which
guarantees every citizen the right to health care services.
This ruling comes just 81 days
before the scheduled rollout of SHIF, casting a shadow of uncertainty over the
transition.
The Kenyan DAILY POST
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