Senators slam SHA over "punitive" full-year contribution rule, cite constitutional violations
The legislators have described the policy as punitive, demanding an immediate intervention from the Ministry of Health.
Senators have slammed the Social Health Authority (SHA) over regulations requiring patients to make full-year contributions before accessing treatment, accusing the agency of violating constitutional rights and locking out vulnerable Kenyans.
The legislators have described the policy as punitive, demanding an immediate intervention from the Ministry of Health.
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Raising the issue on the Senate floor on Wednesday, Taita Taveta Senator Johnes Mwaruma sought a statement from the Standing Committee on Health over what he termed a discriminatory requirement that undermines the constitutional right to healthcare.
“Section 17(1) of the Social Health Insurance (General) Regulations, 2024, provides that households whose income is not derived from salaried employment shall contribute annually to the SHIF at a rate of 2.75 per cent of the household income, as determined through the prescribed means testing instrument under Regulation 21,” Mwaruma said.
He warned that the enforcement of the regulation is causing panic across the country, with Kenyans being turned away from hospitals despite having made contributions, solely because they have not completed a full year of payments.
“This situation undermines the fundamental rights enshrined in Article 43(1)(a) and 43(2) of the Constitution of Kenya, 2010, which guarantee every person the right to the highest attainable standard of health, including the right to health care services,” he told the House.
The Senator now wants the Health Committee to explain why Kenyans who have made contributions are still being denied treatment, and whether this policy has the full backing of the national government. He is also calling for clarity on what steps are being taken to resolve the issue.
Additionally, Mwaruma asked the committee to confirm whether personal data from the now-defunct National Hospital Insurance Fund (NHIF), including identity details and contribution histories, had been successfully migrated into the SHA’s system.
He also raised the case of Anne Mkala Samba, who made contributions on February 21, 2024, intended to cover her medical needs up to April 2027. The Senator demanded confirmation on whether her payment is valid under the new platform, and if not, called for a remedy not only for her but for all other affected Kenyans.
“This is not about one person. Many Kenyans are in the same predicament. We cannot allow a situation where people who have already paid for healthcare are denied access because of administrative hurdles,” Mwaruma said.
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