The Social Health Insurance Fund’s implementation is suspended by a high court.

The Social Health Insurance Fund Act 2023, the Primary Health Care Act 2023, and the Digital Health Act 2023 will not be implemented or enforced until a case questioning their legality is heard, the High Court has ruled, barely a week after Health Cabinet Secretary Susan Nakhumicha issued a Gazette notice operationalizing the Social Health Insurance Fund.

The social health insurance program’s execution was successfully challenged by the Kenya Medical Practitioners, Pharmacists, and Dentists Union (KMPDU).

On Monday, November 27, the doctors’ union was able to win a court injunction to prevent the government from implementing the laws’ intended universal health care, which President William Ruto had previously stated would go into effect in January 2024.

According to KMPDU, the government has implemented the Social Health Insurance Act without consulting stakeholders to settle the controversial concerns.

The doctors’ union objected to SHIF Act section 26(5), which states that;

“Any person who is registerable as a member in this act shall produce proof of compliance with the provisions of this Act on registration and contribution as a precondition of accessing public services from the national government, county government or national and county government entities.”

According to the union, this will deny Kenyan citizens access to government services.

This revelation occurred just hours after the health commissioner met with the National Health Insurance Fund staff to go over the transition to the new plan and reassure them that it would be handled in a dignified way, which would result in job losses.

“We will undertake a suitability test to identify who will move to SHIF after that structure is given. In addition, the act stipulates that you may choose to retire early if you don’t match the requirements, according to Nakhumicha.

“I’m sure you’ll want to know what the exit package is for individuals who are leaving. We have decided that a group of representatives from the Public Service Commission, NHIF, and the government will convene and create a package. To continue serving, one can also choose to be transferred to another area of the public service. I can assure you that your existing income will be assured as long as that operation remains available. The terms for people who switch to SHA won’t be the same.

Staff members at NHIF were cautioned by the health CS not to allow attempts to undermine the shift to the Social Health Authority.