The Court of Appeal has on Wednesday declined to lift orders by the High Court barring the implementation of the new Social Health Insurance Fund (SHIF).
The Court of Appeal further agreed with the High Court ruling that gave the government 45 days to comply failure to which the fund remains unconstitional.
Issuing the orders were Francis Tuiyot, Lydia Achode, and Abida Ali who noted that implementation of the fund has severe consequences to the public.
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They further noted that the stay orders cannot interfere with the day to day operational as NHIF is still operational.
SHIF was last month declared unconstitutional by a three High Court judge bench consisting of Justices Alfred Mabeya, Robert Limo, and Fridah Mugambi who said that there was no public participation.
They continued by saying that Act was not balanced as it caused a heavy burden to some salaried employees and left Kenyans out.
It is due to the ruling that Parliament was issued a 45 day window to ensure that public participation is done in the right manner as required in the constitution.
The matter will be heard again by the Court of Appeal on September 20th, 2024 where they will rule as to whether the High Court orders continued or not.
