Ruto, Parliament and CSs Sued Sued Over SHIF
The government’s universal healthcare plan, known as the Social Health Insurance Fund (SHIF), is facing a new obstacle as a petition is being brought to court to contest its implementation.
The National Assembly released a statement acknowledging the presence of a petition that has sued the President, the Attorney General’s office, Parliament, and other institutions over the implementation of health laws.
Parliament received a challenge from Joseph Enock Aura on the legitimacy of the Social Health Insurance Act, the Primary Healthcare Act, and the Digital Health Act 2023. This challenge was made after the President gave his approval to these three laws.
The latest petition filed with Parliament raises concerns over the utilisation and safeguarding of personal data, encompassing issues of data privacy and information and communication technology as outlined in the three acts.
The National Assembly has formally requested that the petition be presented before a panel of at least three judges, as the aforementioned problems are of great sensitivity and are of significant national importance.
During the request, Mr. Jeremiah Nyegenye, who serves as both the Clerk of the Senate and Secretary to the Parliamentary Service Commission (PSC), emphasised that the issues at hand involve important legal considerations.
“The petition herein raises matters that call for a multisectoral approach to managing matters of healthcare including data privacy and information and communication technology which raise significant questions of law,” argued Mr. Nyegenye.
As a result, the judiciary approved the plea and the case will be considered by High Court Judges, namely Justice Alfred Mabeya, Justice Freda Gathiru, and Justice Robert Limo.
The Social Health Insurance Act, along with two other legislation, was approved by parliament and subsequently signed into law by the President following the Court of Appeal’s decision to overturn the High Court’s injunction that had previously halted the implementation of the Act.
The replacement of the defunct National Health Insurance Fund has sparked controversy, with the government announcing the commencement of deductions for salaried people in March.
Nevertheless, Kenyans have expressed scepticism about the announced timescales, considering the fund has not yet started its activities.
The latest information regarding the implementation of the SHIF reveals that the Ministry of Health intends to utilise Artificial Intelligence and self-registration procedures to enhance its implementation.
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Ruto, Parliament and CSs Sued Sued Over SHIF
