Parliament Wants Case Challenging SHIF Referred To CJ Koome For Appointment Of 3-Judge Bench

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The National Assembly has filed an application seeking to have a case challenging the Social Health Insurance (SHIF) Act 2023 referred to Chief Justice Martha Koome for the appointment of a three-judge bench to hear and determine the case.

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.

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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.

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