Court suspends implementation of new health scheme

Justice Chacha Mwita. [The Standard]

The Court has suspended the implementation of the Social Health Insurance Act 2023 until February 7, 2024.

Justice Chacha Mwita issued the order in a case filed by activist Joseph Aura and the Kenya Medical Practitioners Pharmacists Dentists Union (KMPDU) and Kenya Medical Association (KMA) listed as interested parties.

"...a conservatory order is hereby issued restraining the respondents (President William Ruto, CSs in the Ministry of Health and Information, the Attorney General, Commission for Revenue Collection, The National Assembly and the Senate), their agents and or anyone acting on their directives from implementing and or enforcing The Social Health Insurance Act,2023; The Primary Health Care Act, 2023 and the Digital Health Act,2023 until February 7, 2024," ordered Mwita.

Additionally, the court granted the respondents seven days to file their responses.

Last week, medics criticised the Social Health Act saying it was a breach of the 2017 Collective Bargaining Agreement (CBA) on the provision of comprehensive medical cover by the employer.

Kenya Medical Practitioners Pharmacists and Dentists Union Secretary General Davji Bhimji indicated that the Act was discriminatory to Civil Servants and Kenyans in general.

"The Social Bill is a breach of our CBA 2017 and we can assure you that we shall RESIST! The civil servants and county employees will push back any attempts to take away our benefits," Davji had stated.