Court declares SHIF rollout unconstitutional, halts rollout

Ezra Manyibe | 2 months ago
Court declares SHIF rollout unconstitutional, halts rollout

The implementation of the Social Health Insurance Fund (SHIF) has suffered a setback after a three-judge sitting on Friday, July 12, 2024, declared its rollout null and void.

SHIF was set to replace the scandal-ridden National Health Insurance Fund (NHIF) starting October 1, 2024.

While issuing the ruling, Justices Alfred Mabeya, Robert Limo, and Fridah Mugambi declared all health reforms enacted by President William Ruto's administration, null and void.

“A declaration is hereby issued that the entire Social Health Insurance Fund Act 2023, the entire Digital Health Act 2023, and the Primary Health Act 2023 are all unconstitutional and therefore legally null and void.

“Within that period, the Acts shall remain suspended,” the judges ruled.

The three judges further directed that SHIF be returned to the National Assembly for further rectification. The court issued a November 20, 2024, deadline on conclusion of the process.

SHIF's rollout was stopped after members of the public raised concerns over the minimal time set for public sensitization, registration and transfer to the new health cover.

The Social Health Authority (SHA) was established under the Social Health Insurance Act, 2023 (SHI Act) which repealed the NHIF Act No. 9 of 1998. SHA has three Funds namely SHIF, Primary Healthcare Fund (PHCF), and the Emergency, Chronic and Critical Illness Fund (ECCIF).

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