Busia County Senator Okiya Omtatah has moved to court to stop the official rollout of the Social Health Insurance Fund (SHIF).
In a petition filed together with Eliud Matindi and Magare Gikenyi on September 30, 2024, under a Certificate of Urgency, the three are seeking interim orders suspending the implementation of the SHIF on the grounds that it is unconstitutional.
They argue that the subsidiary legislation required to operationalise the Social Insurance Health Act, was not in place.
The petitioners want the court to quash the subsidiary legislation which they say are illegally and unconstitutionally being used to implement the SHIF.
“Pending the inter parties hearing and determination of this application and the petition herein, the court to issue a conservatory order suspending the scheduled rollout of the Social Health Insurance Fund on October 1, 2024,” they petitioned the court.
In addition, the petitioners also want the court to quash the contract between the government and the Safaricom Consortium (comprising of Safaricom Plc, Konvergenz Network Solutions Limited, and Apeiro Limited).
The government through the Ministry of Health, State Department of Medical Services, had contracted the Safaricom Consortium to provide the Integrated Healthcare Information Technology System for Universal Health Care (UHC).
Filed a court petition together with Eliud Matindi & Magare Gikenyi to stop the launch of the Social Health Insurance Fund (SHIF), we also seek to quash the contract between the government and the Safaricom Consortium, citing concerns over the lack of legislation to… pic.twitter.com/Y2rEfMOeE3
— Okiya Omtatah Okoiti (@OkiyaOmtatah) October 1, 2024
SHIF rollout
The government is set to roll out the Social Health Authority (SHA) today Tuesday, October 1, 2024.
The initiative is aimed at achieving the Universal Health Coverage (UHC).
Ahead of the launch, the government ordered hospitals and healthcare providers to continue providing treatment to cancer and kidney dialysis patients as well as maternity services.
In a statement issued on Tuesday, October 1, the Social Health Authority (SHA) acting CEO Elijah Wachira said that patients seeking maternity services dialysis and cancer treatment will not be affected by the ongoing transition of the National Health Insurance Fund (NHIF) to the SHA.
Wachira emphasized that dialysis, maternity care and cancer treatment will not be uninterrupted adding that all level 2 and 3 hospitals should not deny them the services.
“Further to my earlier letter on the above subject matter, kindly further note that no member will be denied dialysis and cancer services. Maternity services should not be denied in KEPH levels 2 and 3, and actively managed schemes should continue accessing services,” Wachira directed.