Ruto Wins Big as Court Rules on New Health Deductions

President William Ruto’s Social Health Insurance Act received a significant boost on Friday, January 19, as the Court of Appeal lifted temporary orders that had previously prevented its implementation.

The appellate court, comprising Justices Patrick Kiage, Pauline Nyamweya, and Grace Ngenye, overturned the High Court orders, allowing the new Act to replace the now-defunct NHIF Act.

In their ruling, the judges suspended the High Court orders restraining the implementation and enforcement of The Social Health Insurance Act, 2023, The Primary Health Care Act, 2023, and The Digital Health Act, 2023.

They echoed Health Cabinet Secretary Susan Nakhumicha’s warning that hindering the Social Health Insurance Act would put the sector at risk.

The court emphasized that the local citizens, who stand to benefit from the Insurance Act, were not part of the court case.

However, it did suspend a directive that mandated beneficiaries to access healthcare services only when their contributions to the Social Health Insurance Fund were up to date and active, under Section 26(5) of the Act.

This directive had been introduced after the High Court, on November 27, 2023, issued orders preventing the implementation of the new funding system.

The Health CS Nakhumicha had gazetted the rollout, prompting a petition from the Kenya Medical Practitioners, Pharmacist and Dentists Union (KMPDU). The union argued that the government’s adoption of a new funding system lacked public participation and would disenfranchise local citizens from accessing government services.

Despite the court’s intervention, the legal battle highlighted concerns over the lack of public involvement in the implementation of the new health funding system. The court’s decision balanced the urgency of addressing the sector’s needs with the necessity for public participation in policy changes.

As the Social Health Insurance Act progresses, its implications on citizens’ access to healthcare services and the broader healthcare sector will undoubtedly be closely monitored.

The court’s decision signifies a crucial step forward for President Ruto’s health reforms, while also underlining the importance of transparent and inclusive policy-making in critical sectors like healthcare.