After a three-judge bench refused to grant the government's prayer, their attempt to have the Court of Appeal overturn a High Court order preventing the implementation of the Social Health Insurance Fund (SHIF) encountered obstacles.
Instead, the court scheduled Friday, January 19, 2023, as the day on which they would issue the ruling that will decide what will happen to the Social Health Insurance Act, 2023, which creates SHIF and is slated to take the place of the National Hospital Insurance Fund (NHIF).
Through Senior Counsel Fred Ngatia, the government presented its case, claiming that many Kenyans had been denied access to medical care due to the High Court's order, violating the Constitution.
President William Ruto said: “Wale watu wa mapato ya chini, kina mama mboga na hawa wengine, tutawawapunguzia NHIF kutoka Ksh.500 mpaka Ksh.300. Tayari tumepeleka sheria bunge, bunge wamepitisha, lakini kuna watu wamepeleka hiyo mambo kortini ati mwananchi aendelee kulipa Ksh.500.”
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Senior Counsel Fred Ngatia, on behalf of Health Cabinet Secretary Wafula Nakhumicha, prayed the court to refrain from allowing legal battles to deny Kenyans a constitutional right, claiming that the court orders had disenfranchised many Kenyans who were now unable to access medical care since the NHIF Act was repealed in 2023.
Additionally, the Attorney General begged the court through his attorney that the current orders be lifted while the court considered its decision because many patients were in pain.
However, Harrison Kinyanjui, speaking on behalf of the respondents, instructed the court not to grant the temporary remedy because the parties claiming injustice had not produced proof that a Kenyan had been refused medical care.
President Ruto led the group of protesters who targeted anonymous people in their criticism of the multiple injunctions that have impeded the implementation of various policies, as Kenya Kwanza has done. Despite this, Ruto has remained resolute in his refusal to allow the judiciary to undermine his plans.
“Na wale wameenda kortini ni watu wezi na wakora wanaiba pesa NHIF, na ninawajua nawaambia hiyo pesa hawataiba tena whatever it takes, tumebadilisha sheria na tumehakikisha pesa ya umma imesimamiwa vizuri, na ufisadi tutakabiliana nayo,” said the President.
According to documents the government filed with the court, 17 million Kenyans who depend on the NHIF could go without proper healthcare if the High Court's orders are upheld.
