The Court of Appeal on Friday issued stay orders allowing the Ministry of Health to proceed with the roll-out of the Social Health Authority (SHA) which will proceed on October 1, 2024.
The Court of Appeal ruled in favour of the Ministry of Health, affirming that the appeal lodged by the government was well merited.
“In these complex circumstances, we are inclined to grant a stay as the High Court decision is reviewed by this Court, pending an authoritative ruling on the validity of the three statutes,’ the court observed.
“We base this decision on the fact that these statutes have been in effect for nine months, and reverting to the old framework only to potentially return to the current one if the appeal succeeds would place this critical sector in a state of uncertainty.”
In July, the High Court declared the Social Health Insurance Act unconstitutional citing a lack of sufficient public participation in the fund’s establishment.
A three-judge bench comprising Justices Alfred Mabeya, Robert Limo, and Fridah Megabit ruled that the Act also contained disparities that rendered it invalid.
