High Court Freezes Ruling Declaring SHIF 'Null & Void' After Govt Intervenes
Earlier, a three-judge bench consisting of Justices Alfred Mabeya, Robert Limo and Fridah Mugambi declared the fund null and void
Viral Tea Ke Writer 
The High Court has suspended its earlier decision to declare the Social Health Insurance Fund (SHIF) unconstitutional, for 45 days.
The suspension came following arguments from the Attorney General's office, which warned of a void in health matters that would affect a majority of Kenyans if the nullification proceeded.
During this 45-window the office of the Attorney General will have the opportunity to review and appeal the High Court's decision on the unconstitutionality of the funds.
Additionally, the AG's office will also be required to implement the ruling within 120 days. This new ruling however does not affect Sections 26 (5) and 27(4) that were termed as unconstitutional.
The Milimani Law Courts in Nairobi. /FILE
These acts outlined that only Kenyans whose contributions were up to date would receive health services at facilities across the country.
Furthermore, the sections also indicated that each person must show proof of compliance with registrations and contributions before accessing other public services.
Earlier, a three-judge bench consisting of Justices Alfred Mabeya, Robert Limo and Fridah Mugambi declared the fund null and void and gave Parliament 120 days, until November 20, 2024, to make amendments to the said Act.
They instructed Parliament to undertake adequate public participation in accordance with the constitution before enacting the same act and amending the unconstitutional provisions.
The court ruling also saw the ongoing registration for SHIF among other activities relating to the controversial fund suspended.
The decision effectively puts a stop to the implementation of SHIF, a project designed to replace the embattled National Health Insurance Fund (NHIF).
The Social Health Insurance Act, No. 16 of 2023 (SHIFA), which received presidential assent on October 19, 2023, and became effective on November 22, 2023, aimed to establish the Social Health Authority.
This body would manage social health insurance, fulfilling Article 43(1)(a) of the Constitution, which guarantees every citizen the right to health care services.
This ruling comes just 81 days before the scheduled rollout of SHIF, casting a shadow of uncertainty over the transition. Kenyans had expressed concerns that the July 1 deadline was too soon, indicating a lack of preparedness for the new health scheme, a matter that saw the rollout pushed to October 1.
This is notably the second time the SHIF has encountered turbulence at the High Court. A ruling on November 27, 2023, suspended the Act which sought to introduce the following bills: The SHIF, Primary Health Care Act, and the Digital and Digital Health Act. The suspension was lifted on January 19, 2024.
SHIF carried the most significance since this is the one that abolished the NHIF officially for the first time since 1966.
