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Court Allows New Health Fund, But Key Clauses Stay Blocked
In a landmark decision, the Court of Appeal today cleared the path for the government’s new health fund, lifting orders that had stalled its implementation. The Social Health Insurance Act, 2023, replaces the existing NHIF and aims to expand healthcare access.
However, the verdict isn’t a full victory for the government. While the Judges acknowledged the “real and present danger” to health rights caused by the suspension, they opted to keep controversial elements like mandatory registration and contribution for public services, and healthcare access based on current contributions, on hold.
“The confusion and disruption caused by the freeze outweigh the benefit of waiting for a full appeal,” explained the judges in their written ruling. “This is not a definitive conclusion, but it allows Kenyans to receive healthcare while legal issues are addressed.”
Health Cabinet Secretary Susan Nakhumicha welcomed the decision, calling it a “triumph for the right to health.” She had argued that the High Court’s initial suspension left many Kenyans in limbo, unable to access medical care.
The Kenya Medical Practitioners and Dentists Union (KMPDU), a key opponent of the Act, remains critical. They argue that the government bypassed stakeholder consultations and implemented the legislation hastily. “We will continue to fight for a system that prioritizes healthcare for all, not just those who can pay,” emphasized a KMPDU representative.
All parties now have seven days to submit arguments on the contested sections. The Court will then schedule a final hearing before March 31st, 2024. Until then, the Act will operate with these key provisions on hold, leaving Kenyans awaiting a definitive resolution to this healthcare saga.
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