Court of Appeal Lifts Orders Blocking Implementation of New Healthcare Funding System

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The Court of Appeal has overturned the temporary orders that were preventing the implementation of the new Social Health Insurance.

Justices Patrick Kiage, Pauline Nyamweya, and Grace Ngenye ruled that the High Court’s orders restraining the implementation of the Social Health Insurance Act, Primary Health Care Act, and Digital Health Act have been suspended with immediate effect.

“We hereby suspend the orders of the High Court restraining the implementation and or enforcement of The Social Health Insurance Act, 2023, The Primary Health Care Act, 2023 and The Digital Health Act, 2023,” the justices declared.

The court also suspended specific provisions of the Social Health Insurance Act, including requirements related to registration, contributions, and unique identification for accessing public healthcare services, pending the hearing and determination of the appeal.

This decision comes after the High Court had previously issued orders to halt the implementation of the new funding system following a petition from the Kenya Medical Practitioners, Pharmacist and Dentists Union (KMPDU).

In response to the ruling, Health Cabinet Secretary Susan Nakhumicha emphasized the importance of the new system, stating, “For those exiting, I’m sure you’ll want to know what the exit package is. We have agreed to a team of people from the ministry, NHIF, and the Public Service Commission to sit together and develop a package.”

This development marks a significant step forward in the implementation of President William Ruto’s healthcare reforms, and it is expected to have a far-reaching impact on the country’s healthcare sector.

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