Gov't asks Court of Appeal to dismiss orders suspending new Social Health Insurance Fund

Through lawyer Fred Ngatia, the court was told that the orders issued last year in November have the effect of denying thousands of Kenyans their fundamental rights to health.

According to the State, the judge errored in law by giving the orders ex-parte.

“What happened is the basis of the complaint the judge failed to deal with the motion and dealt with the petition... he disregarded the inter-party hearing,” submitted lawyer Fred Ngatia.

The three-judge bench led by justice Partick Kiage was told that because of the High Court orders, patients can’t be treated and the NHIF Act has been repealed.

“We are in a lacuna and patients are suffering, please find favour and set aside the orders, let those in hospitals deal with diseases and not be part of this legal battle...it is for the benefit of Kenyans who rely on this national insurance,” Ngatia submitted.

The Attorney General, though lawyer Emmanuel Bitta, supported Ngatia's submissions saying that there’s no transition mechanism since the entire act was suspended.

“There's no framework to carry out the services from the previous regime that’s why we are asking the court to stay and allow the realization of the Act pending the hearing and determination of the appeal,” submitted the AG.

However, the respondents argued that there is no lacuna.

Court will deliver its ruling on Friday, January 19, 2024.