The Court of Appeal has lifted the orders blocking the implementation of the Social Health Insurance Act 2023 (SHIF), the Primary Health Care Act, 2023 (PHCA), and the Digital Health Act, 2023 (DHA).
In a ruling issued by a three-Judge bench on Friday, January 19, the appellate court noted that some provisions of the SHIF will remain suspended pending the hearing and determination of the applicant's appeal.
“We hereby suspend the orders of the High Court restraining the implementation and or enforcement of The Social Health Insurance Act, 2023, The Primary Health Care Act, 2023, and The Digital Health Act, 2023, save for the following. provisions of the Social Health Insurance Act that shall remain suspended pending the hearing and determination of the applicant's appeal in Civil Appeal No. E984 of 2023,” the ruling read in part.
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The suspended sections include Section 26(5) which makes registration and contribution a precondition for dealing with or accessing public services from the national and county governments or their entities.
Section 27(4) which provides that a person shall only access healthcare services where their contributions to the Social Health Insurance Fund are up to date and active and Section 47(3) which obligates every Kenyan to be uniquely identified for purposes of the provision of health services will also remain suspended.
At the same time, the three-judge bench also directed the applicant and the appellant to file and serve written submissions to ensure that Civil Appeal No. E984 of 2023 is heard and determined in an expedited fashion.
The High Court on November 28, 2023, suspended the implementation of the three Acts following a petition filed by Joseph Aura.
Aura in his petition argued that the three Health Acts contravened the constitution with provisions seeking to deny Kenyans critical rights.
