BY SAM ALFAN.
Three Kenyans among them Busia Senator Okiya Omtatah have moved to court seeking to block the rollout of Social Health Insurance Fund, which is set for launch on October 1.
Omtatah together with Nakuru based Dr Mogare Gikenyi and Eliud Matindi also challenged the Sh104.8 billion contract for a system to be used for the rollout of Universal Health Care (UHC).
The contract for the provision of the Integrated Healthcare Information Technology System for UHC was awarded to Safaricom Consortium.
“An order under Article 226(5) of the Constitution directing the Government of Kenya, through the Hon. Attorney General to recover from public officials any public money lost in the impugned procurement under Tender No. MOH/SDMS/ADM/SPPP/005/2023-2024 of the UHC from the Safaricom Consortium,” the trio sought.
The three argue that the procurement process was unlawful and unconstitutional and, therefore, invalid, null and void ab initio.
“A declaration that the Ministry of Health, Principal Secretary Medical services, Attorney General, Safaricom’ decision not to use the Digital Health Agency to develop the UHC was unlawful and unconstitutional and, therefore, invalid, null and void ab initio.
The petitioners submitted that the implementation of SHIF is illegal since subsidiary legislation required to operationalise the Social Insurance Health Act, were not in place.
Omtatah argued that works to deliver the IHTS for UHC programme is the exclusive mandate of the Digital Health Agency, which was established under the Digital Health Act.
The legislator said the Act provides for the establishment of the Digital Health Agency (DHA), the framework for provision of digital health services and the establishment of a comprehensive integrated digital health information system and for connected purposes.
He said that it cannot be contested that through the DHA Act 2023, Parliament established the Digital Health Agency as an independent specialised institution with the mandate to develop, operationalise and maintain the comprehensive integrated Health Information System to manage the core digital systems and the infrastructure.
“The DHA is an autonomous body corporate capable, in its own name, of developing, purchasing or otherwise acquiring, holding, charging and disposing of movable and immovable property,” he said.
