The High Court has ruled the Social Health Insurance Fund unconstitutional, mandating Parliament to rectify the legislation within 120 days. The judgement was delivered by Justices Alfred Mabeya, Robert Limo, and Friday Mugambi.
The three-judge bench emphasized the necessity for adequate public participation in accordance with the constitution before enacting and amending the Act. “This should be done within 120 days. If they fail to, the Act shall remain suspended,” the judges stated.
The court found that the current programme disproportionately burdened a limited number of salaried individuals, creating a disparity in contributions. This ruling highlights the importance of equitable contribution structures in social health programmes.
Parliament now faces a deadline to engage the public and address the unconstitutional provisions identified by the court, ensuring the revised Act aligns with constitutional requirements.
More updates to follow.