Court extends stay on health laws as ministry appeals ruling

Health & Science
By David Njaaga | Aug 15, 2024
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.

Share this story
Omar ready to guide Harambee Stars to Mapinduzi Cup glory
Kenya play Botswana from 8pm on Saturday.
Achieng' and other Kenyan boxers hoping for the best in 2025
The professional female boxer seeks to defend her Commonwealth and World titles.
All set for 2025 King of the course golf series season opener in Machakos
An estimated 160 golfers converge at Machakos Country course this Saturday after a two weeks’ holiday festive break.
Ronald Omondi elected new Kakamega Sports Club golf captain
Omondi will take over from the outgoing club captain James Anzabwa.
Arnold Origi embraces new role as Harambee Stars goalkeeper coach
Kenya will be in action at the Mapinduzi Cup in Mozambique.
.
RECOMMENDED NEWS