The government’s plans to implement the new Social Health Insurance Fund (SHIF) as a replacement for the NHIF have been halted following a landmark ruling by the High Court.
Justices Alfred Mabeya, Robert Limo, and Friday Mugambi declared the Social Health Insurance Fund unconstitutional, citing inadequate public participation in its formulation.
In their judgment delivered on Friday, the three-judge bench mandated Parliament to address the deficiencies within 120 days.
They emphasized the need for robust public participation, as required by the constitution, before enacting or amending the disputed provisions of the healthcare program.
“This should be done within 120 days. If they fail to, the Act shall remain suspended,” the justices stated unequivocally.
The court’s decision stemmed from concerns that the proposed Social Health Insurance Fund unfairly burdened a select group of salaried individuals, leading to disparities in contribution rates.
