Blow to government as new health scheme declared unconstitutional

President William Ruto's new healthcare plan faces a major hurdle after the High Court declared the Social Health Insurance Act unconstitutional.

In a judgment rendered by a three-judge bench comprising Justices Alfred Mabeya, Robert Limo, and Friday Mugambi on Friday, July 12, the Court found that the Social Health Insurance Act violates several provisions of the Constitution concerning healthcare.

"We find that sections 26 (5), 2791) (a), 27 (4), and 47 (3) of the Act are null and void and therefore unconstitutional," the judges stated.

In their decision, the judges found that the health program had burdened a few salaried individuals, thus creating a disparity in the contribution.

The court also held that some sections of the Act are unconditional as they purport to usurp the roles of the county governments in the provision of health services to citizens.

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Consequently, the judges gave Parliament 120 days to make amends to the said Act.

The court said Parliament should undertake adequate public participation per the Constitution before enacting the same Act and amending the unconstitutional provisions.

The decision comes after Joseph Enock Aura filed a petition at the High Court seeking to quash the SHI Act 2023, Primary Health Care Act, 2023, and Digital Health Act, 2023, which replaced the National Health Insurance Fund (NHIF), arguing that it is unconstitutional.