Court halts implementation of Ruto's new Social Health Insurance Fund

The high court has slammed the brakes on the implementation and enforcement of the Social Health Insurance Fund Act 2023, the Primary Health Care Act 2023 and the Digital Health Act 2023 until a case challenging its legality is heard.

Justice Chacha Mwita of the Milimani High Court on Monday temporarily stopped the State from enforcing three new funds gazetted by Health Cabinet Secretary Susan Nakhumicha pending the determination of a case lodged in court by activist Joseph Enock.

“A conservatory order is hereby issued restraining the respondents (President William Ruto, CSs in the Ministry of Health and Information, the Attorney General, Commission for Revenue collection, The National Assembly and the Senate), their agents and or anyone acting on their directives from implementing and or enforcing the Social Health Insurance Act, 2023; The Primary Health Care Act, 2023 and The Digital Health Act, 2023 until 7 February 2024,” the judge directed.

The order comes as a blow to President William Ruto's healthcare plans which seek to make it mandatory for for every household in Kenya to contribute a set percentage of its income to the fund.

According to the new Act, Ruto had proposed all salaried Kenyans pay 2.75 per cent of their income deducted on a monthly basis towards the fund.

The unemployed will have to be assessed to determine their contribution which however will not be below Sh300 monthly.

The court order comes barely a week after Health CS Nakhumicha gazetted the Social Health Insurance Act 2023 in readiness for the Universal Health Coverage rollout in January.

The Act, which repeals the National Health Insurance Fund (NHIF) came into effect last Wednesday.

However, despite the court order, the Health Ministry on Tuesday's dailies, published a public participation notice publicising the new Social Health Insurance Act 2023.