It is a win for the government and most importantly the Ministry of Health after the Court of Appeal lifted orders suspending the Social Health Insurance Act.
Issuing the orders on Friday were Justices Patrick Kiage, Pauline Nyamweya and Grace Ngenye who noted that the suspension of the act puts at risks the health of several citizens who are not party to the case.
“We are persuaded that the confusion, the lacuna and the risk and harm to citizens pending the hearing and determination of the appeal is a price too dear to pay, and it would have the effect of rendering the appeal nugatory.
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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.” read the ruling.
Even though the order has been suspended, sections where a person will only receive health services when their contributions are up to date and where people will uniquely be identified for the purposes of receiving health services remain suspended.
Also suspended is the the section which makes registration and contribution as the conditions for one to receive health care remain suspended.
The court has however issued a seven days window to submit their submission challenging the suspension of the three sections.
The government through Senior Counsel Fred Ngatia and the Attorney General have already informed the court that many Kenyans are suffering from the suspension given that NHIF had already been repealed to pave way for SHIF.
