Afya House has requested Members of Parliament to allocate at least Sh100 million for a new round of public participation regarding social health insurance and other Universal Health Coverage (UHC) laws recently deemed unconstitutional by the courts.
Medical Services PS Harry Kimtai urged the National Assembly Health Committee to consider this allocation in the current supplementary estimates before MPs. He emphasized that the funds would facilitate public and stakeholder sensitization as directed by the court.
The High Court recently nullified the Social Health Insurance Act of 2023, which replaced the National Health Insurance Fund, citing inadequate public participation. Additionally, the court invalidated the Primary Healthcare Act of 2023 and the Digital Health Act of 2023, mandating Parliament to amend the laws within 120 days.
The ruling highlighted that certain rights were restricted under these Acts, which President William Ruto intended to use to establish his health legacy. However, MPs expressed hesitance in providing the requested funds, referencing the unsuccessful Finance Bill of 2024.
Endebess MP Robert Pukose, chair of the National Assembly Committee on Health, acknowledged the budget constraints, indicating that the failed Finance Bill complicates fund commitments. The National Treasury estimates a loss of Sh7 billion from the department’s initial budget of Sh98 billion.
During discussions, PS Kimtai indicated the ministry plans to appeal the court’s decision after the 45-day stay order on the implementation expires. He mentioned that a joint team from the ministry, the Parliamentary Service Commission, and the Attorney General will be formed to strategize on the appeal and public participation.
Key sections of the invalidated laws were criticized for imposing conditions that limited access to healthcare services, particularly in emergencies. The judges ruled these provisions violate Article 43 of the Constitution, which guarantees every Kenyan the right to health services.
Recently, a Senate committee recommended the annulment of regulations designed to operationalize the new health insurance plan, stating they were unconstitutional. The transition from the NHIF to the new fund remains a significant concern, with questions raised about public consultation in the regulations.
Originally set to launch on July 1, the new health plan’s rollout has been postponed to October, with further delays likely due to funding issues for necessary public participation.
