The Ministry of Health has requested Parliament to allocate Sh100 million for a fresh round of public participation in the Social Health Insurance Act (SHIA) and other Universal Health Care (UHC) laws after the High Court recently declared them unconstitutional.

SHIA, alongside the Digital Health Act and the Primary Health Care Act, are set to replace the National Health Insurance Fund (NHIF). However, the court said they were null and void on grounds of insufficient public participation and illegality reasons. A three-judge bench, comprising Justices Alfred Mabeya, Robert Limo, and Fredrick Mugambi, gave Parliament 120 days to make the necessary amendments. During this period, the Acts will remain suspended.

This is as Medical Services Principal Secretary Dr Harry Kimtai has called on Members of Parliament to allot Sh100 million for public participation and sensitization. “We are requesting a budget allocation of Sh100 million to undertake sensitisation on the UHC laws in accordance with the court judgment,” he said. He said that the ministry will appeal the court’s decision to suspend the programme, noting that they have enough reasons to file a petition.

A joint team

“We’ve agreed to form a joint team from the Ministry, Parliamentary Service Commission (PSC), and Attorney General to strategise on how to appeal,” he said, adding that this approach will involve lodging an appeal and conducting public participation. In its ruling, the High Court said that the requirement outlined in those two sections violates the right to obtain emergency services, even though the state’s challenged Acts are intended to fulfil this right.

They cited sections 26(5) and 27(4) of SHIA. Section 26(5) makes registration and contribution a precondition for accessing public services from national and county governments or their entities.