Friday, May 30, 2025 - The Employment and Labour Relations Court has halted the ongoing recruitment by the Social Health Authority (SHA), delivering a blow to former staff of the defunct National Health Insurance Fund (NHIF).
In a ruling by Justice Byram Ongaya, the court declared
SHA’s decision to exclusively recruit former NHIF employees unconstitutional
and discriminatory.
This followed a petition challenging the legality of the
recruitment process published on SHA’s website in March 2025.
Justice Ongaya ordered SHA to stop the recruitment and
directed that all future hiring be open, fair, and competitive.
"Restricting recruitment to former NHIF staff violates
Article 232 of the Constitution on fair competition and equality of
opportunity," the ruling read.
The petitioner argued that SHA, a new legal entity created
under the Social Health Insurance Act, 2023, should not limit its recruitment
to NHIF staff, whose positions ceased to exist following the repeal of the NHIF
Act.
Health CS Aden Duale recently announced a six-month
transition period for former NHIF staff to serve under SHA.
However, the court's decision casts uncertainty over their
long-term employment.
Duale also stated that staff seeking redeployment to other
government agencies would be reassigned starting next week.
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