Court extends stay on health laws as ministry appeals ruling

Court of Appeal extends stay for implementation of several health laws.

The Court of Appeal has extended the stay on the implementation of several health laws until September 20.

The decision follows an appeal by the Ministry of Health against a High Court ruling that questioned the constitutionality of the Social Health Insurance Act, the Digital Health Act and the Primary Healthcare Act, initially challenged by petitioner Joseph Enock Aura.

Aura, who filed a petition on November 24, 2023, argued that the laws, signed into law by President William Ruto on October 19, 2023, "breached or threatened to breach the Kenyan Constitution."

On July 12, the High Court directed Parliament to conduct more inclusive public participation before enacting the laws and ordered amendments to certain provisions.

The court initially suspended the acts for 45 days, with the suspension set to end on August 27.

However, the Court of Appeal has now extended the stay. The health ministry filed an appeal on July 26, seeking to halt the High Court's orders.

A three-judge bench heard the application for a stay on August 14. Representatives from the ministry, National Assembly, Senate and Attorney General supported the application.

"The previous NHIF framework was unfair, with low-income earners contributing a higher percentage of their earnings than high-income earners," the health ministry stated.

The new laws propose that Kenyans contribute 2.75 per cent of their income to the Social Health Insurance Fund.

The Ministry noted that the new system "would provide Kenyans with a standard level of healthcare."

"This new model ensures healthcare services are accessible to everyone," the ministry added.

The ministry further noted the ongoing rollout of Universal Healthcare under these laws will continue until the court delivers its ruling on September 20.