Court of Appeal grants stay order allowing rollout of SHIF on October 1
By Amina Wako |
This decision offers a temporary reprieve to the Ministry of Health, which has faced significant legal challenges following the initial court decision.
Court of Appeal on Friday cleared the way for the Ministry of Health to proceed with the roll-out of the Social Health Authority (SHA), scheduled for October 1, 2024.
The court issued stay orders that enabled the Ministry to move forward despite an earlier High Court ruling that had declared the Social Health Insurance Act unconstitutional.
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The appeal, lodged by the government in response to the High Court's decision, was upheld, with the Court of Appeal acknowledging the merits of the Ministry’s argument.
“In these complex circumstances, we are inclined to grant a stay as the High Court decision is reviewed by this Court, pending an authoritative ruling on the validity of the three statutes,” the Court of Appeal stated in its ruling.
This decision offers a temporary reprieve to the Ministry of Health, which has faced significant legal challenges following the initial court decision.
In July, the High Court ruled against the Social Health Insurance Act, citing a lack of sufficient public participation in the process of establishing the fund, a move that sparked debates on the role of public input in such significant legislative measures.
The Court of Appeal's decision highlights the balancing act between maintaining legal rigour and ensuring that essential services are not disrupted. The judges emphasised the potential consequences of rolling back the SHA implementation only to potentially reinstate it if the appeal proves successful.
“We base this decision on the fact that these statutes have been in effect for nine months, and reverting to the old framework only to potentially return to the current one if the appeal succeeds would place this critical sector in a state of uncertainty,” the Court noted.
The SHA, which aims to expand access to affordable healthcare for millions of citizens, has been a key component of the government’s health reforms. The Ministry of Health has reiterated that the new system is essential for improving health services and financial protection for those most in need.
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