In the application, Parliament says that the petition by Aura Joseph Enock raises substantial questions of law, and therefore Koome should appoint an uneven panel of judges of not less than three.
Aura filed the case late last year, challenging the SHIF Act 2023, the Primary Health Insuarance Act 2023, the Digital Health Act 2023, and the Facility Improvement Financing Act 2023.
The House says that although the matter can be a heard by a single judge, the petition involves the progressive realization of the right to healthcare which is a matter that satisfies the constitutional criteria that the court ought to exercise its discretion in favor of an expanded bench due to the public importance and significance of the right to healthcare.
‘’The issues around digital healthcare are novel, complex questions that involve data privacy, inherent dignity as guaranteed under article 28 the constitution and the right to privacy under article 31 of the constitution,’’ reads the application.
According to the National Assembly, the issues raised in the petition are complex and raise substantial questions of laws that require the empanelment of a bench to hear the application and render a judgment.
Justice Chacha Mwita directed that the application be served on all parties and further directions to be issued on February 23, 2024.
