Why activist wants SHIF quashed
Health Cabinet Secretary Susan Nakhumicha on February 22, 2024.
An activist on Wednesday challenged the Social Health Insurance Act (SHIA) 2023, Primary Health Care Act, 2023 and Digital Health Act, 2023, which replaced the quashed National Health Insuarance Fund (NHIF).
Mr Joseph Enock Aura submitted before a bench of three judges of the High Court arguing that the Act is unconstitutional.
Through his lawyer Harrison Kinyanjui Mr Aura further argued that no report was tabled before the National Assembly by the Commission on Revenue Allocation for consideration before the voting on the Social Health Fund Bill, 2023.
He further said the three Acts are illegal as they were enacted without complying with mandatory requirements of the Statutory Instruments Act. He pointed out that no regulatory impact statement was submitted at all.
On public participation, Mr Kinyanjui said the bills were never subjected to effective and mandatory public participation as there was no form of participation that was conducted in Kiswahili language.
According to Mr Kinyanjui, the bills were hurriedly read in Parliament on September 26, 2023 during the second reading on the same day.
He said the Council of Governors had pointed out that despite the role the county governments play in the provision of primary healthcare, its comments were not considered meaningfully during the formulation of the laws.
He further submitted that mandatory registration for one to access government services is illegal. Section 26(5) as well as section 27(4) of the SHIF both violate Article 43(2) of the constitution of Kenya guaranteeing Kenyans’ access to emergency medical treatment.
He faulted the Ministry of Health for appointing persons who are not trained in the medical field as community health promoters.
Mr Aura said it was illegal for Health Cabinet Secreatry Susan Nakhumicha to assign healthcare in the hands of community Health Promoters yet they are not trained in any aspect or field of medical health.
Mr Aura further told Justice Alfred Mabeya, Robert Limo and Fred Mugambi that hundreds of community health promoters were appointed without affording the county governments a say in the programme.
The ministry intends to use the Community Health Promoters to implementing the Community Health Strategy, which is essential for realising primary healthcare goals with a focus on preventive and promotive healthcare, as opposed on curative care.
“The community health promoters were appointed without ensuring whether they have a training, experience or any background on healthcare. This means that even a handcart pusher would get the job. These are people who are supposed to keep peoples’ data,” he said through his lawyer Harrison Kinyanjui.
Mr Kinyanjui said by purporting to confer upon unlicensed, unqualified and arbitrarily appointed Community Health Promoters the critical responsibility of grass root primary healthcare across the country, the Primary Health Act, 2023 sabotages the realisation of quality health care pursuant to Article 43(1)(a) of the constitution.
