The high court has halted the implementation and enforcement of the Social Health Insurance Fund Act 2023, the Primary Health Care Act 2023, and the Digital Health Act 2023 until a case challenging their legality is heard.
This ruling comes less than a week after Health Cabinet Secretary Susan Nakhumicha issued a Gazette notice operationalizing the Social Health Insurance Fund.
The Kenya Medical Practitioners, Pharmacists, and Dentists Union (KMPDU) gained court rulings preventing the government from implementing the universal health coverage envisioned in the statutes, the implementation of which President William Ruto had announced would begin in January 2024.
According to the doctors union, the administration has implemented the Social Health Insurance Act without consulting stakeholders to settle the controversial problems.
The doctors' union objected to Section 26(5) of the SHIF Act, which states:
“Any person who is registerable as a member in this act shall produce proof of compliance with the provisions of this Act on registration and contribution as a precondition of accessing public services from the national government, county government or national and county government entities.”
According to the union, Kenyan citizens will be denied government services.
This development occurred just after the health secretary met with the national health insurance fund personnel to discuss the transition to the new system, promising them that the change would be handled dignifiedly.
"After that structure is provided, we will conduct a suitability test to determine who will relocate to SHIF." "The act also provides for the option of early retirement if you do not meet the criteria," said Nakhumicha.
“For those exiting, I'm sure you'll want to know what the exit package is. We have agreed to a team of people from the ministry, NHIF and the Public Service Commission to sit together and develop a package. There's also the option of being moved to another sector of the public service to continue serving... That operation is still there and that's one option I can guarantee you that your current salary will be guaranteed. For those who will transition to SHA the terms will not be the same.” she added.
