The High Court has ruled that the Social Health Insurance Fund is unconstitutional. In their judgment, Justices Alfred Mabeya, Robert Limo, and Friday Mugambi directed Parliament to amend the Act within 120 days.
The three-judge bench emphasized that Parliament must ensure adequate public participation, in line with the Constitution, before re-enacting the Act and amending its unconstitutional provisions.
"This should be done within 120 days. If they fail to comply, the Act shall remain suspended," the judges stated.
The court found that the programme had disproportionately burdened a small group of salaried individuals, creating a disparity in contributions.
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