NAIROBI, Kenya – The High Court has declared the Social Health Insurance Fund unconstitutional.
The three-judge bench, comprising Justices Alfred Mabeya, Robert Limo, and Friday Mugambi, delivered the judgment, mandating Parliament to rectify the flaws in the Act within 120 days.
The judges emphasized the necessity for Parliament to ensure adequate public participation, as mandated by the constitution, before re-enacting and amending the unconstitutional provisions of the Act.
“This should be done within 120 days. If they fail to, the Act shall remain suspended,” the judges stated in their ruling.
The court’s decision underscores the importance of involving the public in legislative processes, especially concerning critical issues like health insurance.
The ruling serves as a reminder to lawmakers about the constitutional requirement of public involvement in the creation of laws that significantly impact citizens’ lives.
Parliament now faces the task of revisiting the Social Health Insurance Fund Act, incorporating feedback from the public, and ensuring the revised legislation aligns with constitutional principles.
