The Ministry of Health is optimistic that the Court of Appeal will recognize the significance of the three health laws it suspended when it issues its ruling tomorrow. The Ministry remains confident that the Social Health Insurance Act (SHIA), the Primary Health Care Act, and the Digital Health Act—intended to replace the National Hospital Insurance Fund (NHIF)—will proceed, thanks to the 45-day Stay of Order granted by the Court, which allows Parliament time to re-enact the laws.
Despite concerns about the upcoming court case challenging the rollout of the Social Health Authority (SHA) scheduled for October 1, the Ministry is hopeful that Parliament will act to ensure the health scheme’s continuity. “With the Stay of Order, the Acts remain in effect, and we will continue their implementation,” Medical Services PS Harry Kimtai said at a media briefing in Nairobi.
PS Kimtai indicated that a formal appeal has been filed, and tomorrow’s ruling will be crucial for the Ministry’s plans. “The ruling will be issued on September 20. We are hopeful that our request will be granted, allowing us to continue implementing the Acts until the case is fully heard and determined,” he said.
However, he noted that if the Stay of Order is overturned, the Ministry would have to rely on the 120-day period provided to Parliament to re-enact the laws. “We are currently within the threshold and await the ruling,” he added. Health Cabinet Secretary Dr. Deborah Barasa and other speakers emphasized the importance of registering for SHA membership, stating that those enrolled by October 1 will begin receiving the enhanced benefits of the new scheme.
