NAIROBI, Kenya – School-going children will not be required to register under the new Social Health Insurance Fund (SHIF) scheme until the High Court rules on a case brought by the Law Society of Kenya (LSK).
This decision halts a government directive issued on August 16 that would have mandated parents to enroll their children as dependents in SHIF before the new school term.
Justice Jairus Ngaah, presiding over the case, deemed the matter urgent and ordered the suspension of the directive.
“Status quo prior to the challenged directive of August 16, 2024, shall be maintained pending the hearing and determination of the substantive motion or further court orders,” he stated.
The LSK argued that the directive, issued by the Ministries of Education and Health, along with the Attorney General’s office, is unlawful.
They contended that it infringes on minors’ rights to access basic education, as enshrined in the Constitution, by imposing a requirement not founded on any existing law.
The Society also pointed out that the High Court had previously declared the Social Health Insurance Act unconstitutional in a ruling made in July 2024.
The court, at the time, had suspended the Act, granting Parliament 120 days to rectify its unconstitutional provisions through adequate public participation.
The judges, Justices Alfred Mabeya, Robert Limo, and Fridah Mugambi, insisted that Parliament must ensure compliance with the Constitution before re-enacting the law.
As the SHIF Act remains suspended, LSK maintained that any directives based on it lack legal standing.
“The orders from that judgment have not been complied with, and the Social Health Insurance Fund Act remains suspended and of no legal consequence,” the LSK asserted in court.
The case is scheduled for inter-partes hearing on October 8, leaving the mandatory registration directive in limbo until a final ruling is made.
This decision halts a government directive issued on August 16 that would have mandated parents to enroll their children as dependents in SHIF before the new school term.
Justice Jairus Ngaah, presiding over the case, deemed the matter urgent and ordered the suspension of the directive.
“Status quo prior to the challenged directive of August 16, 2024, shall be maintained pending the hearing and determination of the substantive motion or further court orders,” he stated.
The LSK argued that the directive, issued by the Ministries of Education and Health, along with the Attorney General’s office, is unlawful.
They contended that it infringes on minors’ rights to access basic education, as enshrined in the Constitution, by imposing a requirement not founded on any existing law.
The Society also pointed out that the High Court had previously declared the Social Health Insurance Act unconstitutional in a ruling made in July 2024.
The court, at the time, had suspended the Act, granting Parliament 120 days to rectify its unconstitutional provisions through adequate public participation.
The judges, Justices Alfred Mabeya, Robert Limo, and Fridah Mugambi, insisted that Parliament must ensure compliance with the Constitution before re-enacting the law.
As the SHIF Act remains suspended, LSK maintained that any directives based on it lack legal standing.
“The orders from that judgment have not been complied with, and the Social Health Insurance Fund Act remains suspended and of no legal consequence,” the LSK asserted in court.
The case is scheduled for inter-partes hearing on October 8, leaving the mandatory registration directive in limbo until a final ruling is made.
