The government’s plan to roll out the new Social Health Insurance Fund (SHIF) as a replacement for the National Hospital Insurance Fund (NHIF) has encountered a significant setback. On Friday, the High Court declared the SHIF unconstitutional due to a lack of public participation in its development.
The verdict was delivered by a three-judge bench consisting of Justices Alfred Mabeya, Robert Limo, and Fridah Mugambi. The judges highlighted that the SHIF legislation did not involve adequate public input, which is a constitutional requirement for such programs.
Furthermore, the bench pointed out disparities within the new Social Health Insurance Act, noting that it would disproportionately burden a small group of salaried individuals by creating inequities in contribution requirements.
Despite the ruling, the judges have suspended their decision for 120 days to provide Parliament an opportunity to amend the legislation. If unaddressed, the total nullification of the SHIF will take effect on November 20.
This decision comes after the government had already instructed Kenyans to begin registering for the SHIF starting July 1, 2024, in preparation for the official transition.
Recent Comments