Court of Appeal has lifted an order barring the implementation of the Social Health Insurance Fund.
The orders restraining the implementation of the Primary Health Care Act, 2023, and the Digital Health Act, 2023 has also been lifted.
“We hereby suspend the orders of the High Court restraining the implementation and or enforcement of The Social Health Insurance Act, 2023, The Primary Health Care Act, 2023 and The Digital Health Act, 2023,” the court said.
The Court of Appeal Judges Patrick Kiage, Pauline Nyamweya and Ngenye Macharia ruled that three provisions of the Social Health Insurance Act will still remain suspended pending the hearing and determination of the appeal.
The suspended three sections include Section 26(5) which makes registration and contribution a precondition for dealing with or accessing public services from the national and county governments or their entities.
Section 27(4) which provides that a person shall only access healthcare services where their contributions to the Social Health Insurance Fund are up to date and active.
Section 47(3) which obligates every Kenyan to be uniquely identified for purposes of provision of health services.
The High Court had suspended the implementation of the new 3 Health laws in November last year.
