MoH insists enrolling Kenyans from NHIF to SHIF without consent is legal

The Ministry of Health holds that the ongoing enrolment of Kenyans into the Social Health Insurance Fund (SHIF) without their consent is legal.

As SHIF’s rolling out kicked off on Tuesday, October 1, members of the National Health Insurance Fund (NHIF) – the public health insurance scheme SHIF replaced – have been getting SMS messages that they have been automatically registered for the controversial new plan.

“Your NHIF account has been migrated successfully to [the] Social Health Authority. To update your profile dial *147#, visit sha.go.ke or any authorised SHA agent,” reads the message.

The move has elicited an uproar among a section of Kenyans, who argue that they have been violated for being denied the option of consenting to the new scheme’s terms.

In a statement on Thursday, Health Principal Secretary Harry Kimtai said: “The Ministry has received inquiries regarding the transition of existing NHIF members to SHA. We wish to clarify that the laws as per legal notice 147 of 2024 provided for the transition of all registered and verifiable NHIF members into SHA.”

“This process ensures continuity of coverage, and members are encouraged to verify, update their profiles and add dependents through our official SHA channels at www.sha.go.ke.”

Kimtai further acknowledged technical hitches with SHIF’s system, which he attributed to high user demand and said it was being worked on.

“Our technical teams are working 24 hours to address the increased user demand on various systems and enhance service delivery. Kenyans will keep experiencing smoother services as we progress,” the PS said.

He said all patients admitted under NHIF packages before September 30 will still be discharged using the NHIF system and no patient should be detained in health facilities.

“All public health facilities and over 60 per cent of private health facilities have been contracted by SHA and should provide health service seamlessly. An updated list of these contracted health facilities is available on the SHA website, which will be continuously updated to reflect changes and additions,” added Kimtai.

With SHIF, all Kenyans are required to part with 2.75 per cent of their income, with the base contribution being Ksh.300. 

However, the scheme’s rollout has sparked criticism from Kenyans, especially concerning why the government needed to roll out the Ksh.100 billion programme to replace the National Health Insurance Fund (NHIF) instead of improving it. 

The Council of Governors (COG) has accused the national government of bypassing them in implementing SHIF.

At the same time, Busia Senator Okiya Omtatah and two others have moved to court to block SHIF’s roll-out on the grounds that the subsidiary legislation required to operationalise the Social Insurance Health Act, was not in place.

Omtatah, together with Eliud Matindi and Magare Gikenyi, on Monday, moved the High Court wanting the court to quash the subsidiary legislation which they argue is illegally and unconstitutionally being used to implement the health insurance fund.

Further, the three want the court to suspend, and later quash the State’s move to contract the Safaricom consortium to provide the Ksh.104 billion healthcare information technology system for Universal Health Care (UHC).

They submit that there is no justification for contracting the consortium, which comprises Safaricom Plc, Konvergenz Network Solutions Limited, and Apeiro Limited, and whose controversial tender was awarded through direct procurement.