Duale breaks silence after court blocks NHIF probe committee formation
By David Nthua, August 14, 2025Health CS Aden Duale has said the Ministry of Health will uphold a court ruling against the formation of an NHIF probe committee on pending bills.
Through his X handle on Thursday, August 14, 2025, the CS said the pending bills will be settled anyway.
He also noted that his ministry will be guided by constitutional provisions, relevant Acts of Parliament, and oversight mechanisms in determining how to proceed.
Duale stated, “The Ministry of Health under my leadership will uphold and respect the decision of the court but we shall be guided by the same constitutional provision of articles 223, 206(1)(b), Public Finance Management Act 2012, Public Procurement and Asset Disposal Act 2015, Appropriations Act, Anti-Corruption and Economic Crimes Act, and parliamentary oversight on how the NHIF pending bills will be settled.
“Verification of the pending claims is not negotiable, and we shall protect public resources. We shall consult on how the verification will be done by the supreme law of the land.”
The High Court had earlier quashed Duale’s decision to establish a committee to verify pending bills owed to hospitals by the defunct National Health Insurance Fund, saying the move contravened the Constitution.
Duale lacked powers
Justice Reuben Nyakundi ruled that the CS lacked legal authority to appoint the 19-member team, noting that the transitional provisions of the Social Health Insurance Act do not provide for such committees.
The judge added that there were no statutory provisions allowing the formation of an ad-hoc committee, especially since members would draw allowances at taxpayers’ expense. He described the decision as a violation of Article 73 of the Constitution
The committee, appointed through a gazette notice dated March 28, 2025, had been tasked with verifying claims made between July 1, 2022, and September 30, 2024.
However, four activists challenged the legality of the move, also raising privacy concerns over patient medical records.
Justice Nyakundi agreed, declaring the formation of the committee unconstitutional, and noting that all NHIF liabilities had been transferred to the Social Health Authority when the new Act came into effect.
He said the law already provides a process for settling claims, making the committee unnecessary.