Win for Gov’t as Court of Appeal allows Social Health Authority rollout

The Ministry of Health is set to move forward with the rollout of the Social Health Authority after the Court of Appeal granted stay orders.

The court ruled in favour of the ministry, allowing the continuation of its appeal against a High Court decision that declared three health-related laws unconstitutional.

The three laws, the Social Health Insurance Act (SHIA), the Primary Health Care Act, and the Digital Health Act, are set to replace the National Hospital Insurance Fund (NHIF), which had been declared unconstitutional by a three-judge bench of the High Court.

In arriving at its decision to grant the stay orders, the three-judge Court of Appeal bench said they based their decision on the fact that the three statutes have been in effect for nine months, and reverting to the old framework only to potentially return to the current one if the appeal succeeds would place the critical sector in a state of uncertainty.

The Social Health Authority is now set to be rolled out on October 1, 2024 as NHIF ceases to operate.

Under the new scheme, all Kenyans, both contributors and dependents, are required to enroll to enjoy the health cover.

Medical Services Principal Secretary Harry Kimtai this week said the last reimbursement under NHIF will lapse on the night of 30th September, 2024.

“Anybody who goes to hospital, is treated, discharged, inpatient or outpatient, effective 1st of October will be treated under the Social Health Authority benefits,” said PS Kimtai.

According to the ministry, Kenyans must be registered by the end of this month as members of the Social Health Insurance scheme; individuals can register by themselves or at different health facilities across the country.

“We have also made a provision that if you reach the hospital, in case of an emergency and you have not registered by that time, which we’re not encouraging, there will be an agent who would have been appointed by SHA to take care of the registration,” added PS Kimtai.

The health ministry said that from next month, employers will be required to remit what has been NHIF deductions from employees to the new scheme under the Social Health Authority.

“We have notified the employers on the process of how to register using the employers’ portal so that they are able to remit the employees’ salary for the month of October to go not to NHIF but to SHA,” Kimtai said.

The ministry previously reported that only 1.2 million Kenyans had so far registered with the Social Health Authority.

They however remained confident that in the less than two weeks to the new month, there is sufficient time to put everything in order to ensure a smooth transition.

Public Health PS Mary Muthoni stated: “At mashinani level where we people may not be able to get to the nearest health care facilities in good time, it is important to utilise the community health promoters at the bottom of the pyramid.”

“This one needs a drive the way we normally have campaigns…we normally have campaigns whenever we have a situation…we need to be deliberate about it and say we’re going to have a drive to register,” Council of Governors health committee chair Muthomi Njuki said.

Health Cabinet Secretary Dr. Deborah Barasa, on her part, noted: “It is not just the beginning, it has been tried and tested in Kenya since 2003…the concept has been there, and so who else to implement it? This is our time to implement.”

The new medical scheme will see every salaried Kenyan to pay 2.75 per cent of their income to the fund.

Kenyans who are not in formal employment will fill out a questionnaire to determine their annual income. They will then pay 2.75 per cent of this income, but not less than Ksh.300 every month.