Court of Appeal Stays High Court Ruling on Social Health Insurance Act
The Court of Appeal has issued a stay on the High Court’s judgment declaring the Social Health Insurance Act (SHIA) unconstitutional, allowing the appeal by the Cabinet Secretary for Health to proceed. This decision, announced by the President of the Law Society of Kenya, Faith Odhiambo, means that the current National Health Insurance Fund (NHIF) framework remains in place while the legal process unfolds.
The Court reasoned that since the SHIA had been operational for nine months, revoking Section 54—which repealed the NHIF Act—would leave the country without a functioning national health insurance system. The judges emphasized the importance of maintaining a health insurance framework during the appeals process.
To prevent any irreversible governmental actions related to the implementation of the SHIA, the Court has ordered an expedited hearing of the matter. Odhiambo expressed hope that the Court will ultimately uphold the High Court’s ruling, urging that any new framework under the SHIA must adequately reflect the needs and realities of Kenyans.
As this legal battle continues, stakeholders remain focused on ensuring that Kenya’s health insurance policies serve the population effectively.
“May Justice be our Shield and Defender,” Odhiambo concluded, highlighting the critical role of the judiciary in protecting citizens’ rights.
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