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State hope Court of Appeal case will heal SHA plan pain
George Kebaso
Health CS Dr Deborah Barasa (centre) with Medical services PS Harry Kimtai (left) and SHA chairman Dr Timothy Olweny addressing journalists after the official opening of the two day master trainers training in Nairobi. PHOTO/Philip Kamakya
Health CS Dr Deborah Barasa (centre) with Medical services PS Harry Kimtai (left) and SHA chairman Dr Timothy Olweny addressing journalists after the official opening of the two day master trainers training in Nairobi. PHOTO/Philip Kamakya

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The Ministry of Health is hopeful the Court of Appeal will find in its wisdom the importance of the three health laws it suspended when it makes its ruling tomorrow.

Yesterday the Ministry exuded confidence the implementation of the Social Health Insurance Act (SHIA), alongside the Primary Health Care Act, and Digital Health Act – which were slated to replace the National Hospital Insurance Fund (NHIF) – will continue under the window provided by the Court for Parliament to re-enact the laws.

Whereas alive to the danger posed by the impending court case challenging the roll-out of the Social Health Authority (SHA) slated for October 1, the Ministry said Parliament is likely to rescue the health scheme from sinking.

“Now with the Stay of Order of 45 days that we were granted, it means that the Acts are still active and therefore we will continue implementing them,” Medical services PS, Harry Kimtai said yesterday during a media SHA immersion meeting in Nairobi.

The PS revealed that the Ministry had since filed a formal appeal, and tomorrow’s ruling is going to be delivered based on the application.

“That ruling will be issued on September 20,” the PS said, expressing confidence the Ministry’s request will be granted, meaning that there is time to continue implementing the Acts , until the case is heard and determined.

However, he noted that if the Stay of Order is quashed then that means sending the Ministry to ride on the 120 days given to Parliament to re-enact the laws.

“So what we are saying is that we are still within the threshold, and waiting for the ruling,” he said, as speakers led by Health Cabinet Secretary, Dr Deborah Barasa drummed up support for more Kenyans to register for SHA membership, noting that come October 1, people who have already enrolled for the new scheme will start enjoying the enhanced benefits.

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