BY SAM ALFAN.
Activist Joseph Aura has submitted that it is illegal to compel Kenyans to register with the newly established Social Health Insurance Fund (SHIF) as a condition before accessing government services.
While urging the High Court to quash the Social Health Act, 2023, the Primary Health Act, 2023 and the Digital Health Act, 2023, Aura said the laws make it mandatory for Kenyans to register with the fund before getting government services.
He told the three judge bench consisting of Justices Alfred Mabeya, Robert Limo and Fred Mugambi that it is illegal to deny Kenyans services for not registered under the fund.
“Section 47(3) of the SHIF, 2023 is equally unconstitutional as it implies that every Kenyans MUST a prior be digitized via unique biometric, in order to be recognized as statutorily ‘compliant ‘with the provisions of SHIF, 2023,” he submitted through his lawyer Harrison Kinyanjui.
He further told the court that National Assembly and the Senate failed in their mandate to ensure the three legislations adhered to the constitution.
“The National Assembly and the Senate stepped outside their constitutional mandate in purporting to legislate the 3 impugned laws without viable public participation.
Kinyanjui submitted that by passing the three health laws without viable public participation, the outcome of the said legislation is unconstitutional.
He also questioned the criteria used to pick the community health promotors, arguing that most of them had no background in medical field.
Even a wheelbarrow and handcart pusher or mama mboga can be picked meaning they will enter the wrong information to the data system,” he said.
Aura told the judge Enock Mwita section 20 of the Primary Health Care Act comprises unconstitutional edicts, serving alien, and diabolical agenda not sanctioned by Kenyans and it violates Article 187(2)(b)of the Constitution.
“The National government cannot assume responsibility over health function micro implementation, as assigned by the fourth schedule,” submitted lawyer Kinyanjui.
Governors have opposed the implementation of the new Social Health Insurance Fund (SHIF) dealing a blow to President William Ruto’s plan for universal health care.
In submissions filed in court, the Council of Governors (CoG) opposed the roll-out of the programme through the Social Health Act, arguing that some of the provisions are unconstitutional.
“Further, that the primary Health Act usurps County Government in health service delivery and in the interest of justice, the court finds that the petition is merited and should be allowed,” CoG pleads in court documents.
The petition was filed by activist Joseph Aura through lawyer Harrison Kinyanjui as he challenged the implementation of the Social Health Insurance Act, 2023, which repealed National Hospital Insurance Fund (NHIF) and established three new funds.
