Health CS Nakhumicha lauds Court of Appeal ruling on Social Health Insurance Fund

Health Cabinet Secretary (CS) Susan Nakhumicha has lauded the Court of Appeal's Friday decision to lift orders suspending the implementation of the Social Health Insurance Act which is set to replace the NHIF Act.

In a statement to newsrooms on Saturday, Nakhumicha welcomed the move labeling it a big step towards the creation of a robust healthcare system and the realization of Universal Health Coverage (UHC) in Kenya.

“I applaud the Court of Appeal for its swift decision green-lighting the implementation of the Social Health Insurance Fund (SHIF). This opens the door for a resilient healthcare system that perfectly aligns with the laid-out strategies for the enrollment of UHC,” she said.

She added that the appellate court's ruling has removed doubts regarding the new health fund further asserting that the order has instilled confidence among Kenyans who depend on the fund for medical services.

“The Fund is anchored in a health finance mechanism that will equitably protect people against financial and health burdens through a monthly premium.  The Social Health Insurance Fund (SHIF) remains one of the mechanisms for achieving UHC which aims to advance quality and affordable healthcare to all Kenyans regardless of their financial abilities across all levels of government hospital,” said Nakhumicha.

The Health CS further stated that through the absorption of the 100,000 Community Health Promoters, the Ministry of Health is on course with implementing the Primary Healthcare Act which aims to strengthen preventive health services while the Digital Health Act will promote telemedicine and digitization of health services.

"The Facility Improvement Financing Act will allow funds raised in public health facilities to be re-invested in the hospitals to ensure facilities are well resourced to take care of the day-to-day running for smooth health service delivery, the Social Health Insurance Act has replaced the National Health Insurance Fund (NHIF) while creating three new funds: the Primary Health Care Fund, the Social Health Insurance Fund and the Chronic Illness and Emergency Fund, she said.

"This patient-based approach aims to address the limitations observed in the National Health Insurance Fund (NHIF) and ensure inclusive coverage for common illnesses, accidents, chronic conditions, and critical illnesses which will reduce catastrophic expenditure for costly services that were previously not covered by NHIF."

In their verdict delivered on Friday, Court of Appeal Justices Patrick Kiage, Pauline Nyamweya and Grace Ngenye ruled that owing to the suspension of the roll-out of the new health fund, there is "a real and present danger to the health rights of countless citizens who are not parties to the litigation pending before our courts."

"We are persuaded that the confusion, the lacuna and the risk and harm to citizens pending the hearing and determination of the appeal is a price too dear to pay, and it would have the effect of rendering the appeal nugatory...," reads the court documents seen by Citizen Digital.

"We hereby suspend the orders of the High Court restraining the implementation and or enforcement of The Social Health Insurance Act, 2023, The Primary Health Care Act, 2023 and The Digital Health Act, 2023...," ruled the judges.