The Court of Appeal has granted stay orders allowing the Ministry of Health to proceed with the nationwide rollout of the Social Health Authority (SHA), set to replace the National Health Insurance Fund (NHIF) starting October 1.
The Court of Appeal ruled in favor of the Ministry of Health affirming that the appeal was well merited. The stay order now allows the Ministry of Health to continue implementing SHA, which aims to provide comprehensive, affordable, and quality healthcare for all Kenyans.
“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. 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,” the judges stated in their ruling.
In July, the High Court had nullified the Social Health Insurance Act, the Primary Healthcare Act, and the Digital Health Act of 2023, citing insufficient public participation and disparities in the laws.
Speaking in Nairobi, Health Cabinet Secretary Dr. Deborah M. Barasa assured the public that the SHA is ready for rollout.
“We have finalized a comprehensive benefit package that includes preventive, curative, palliative, and rehabilitation services,” she said, adding that the SHA will address critical health conditions such as cancer and renal care while safeguarding maternal and child health services.
Despite the progress, Dr. Barasa acknowledged that the current funding allocation of Ksh. 6.1 billion is far short of the Ksh. 168 billion required for full implementation. Nevertheless, she urged Kenyans to continue registering for the new health scheme through various platforms, including USSD, web registration, and Huduma centres.
So far, 1.2 million people have registered under the new SHA according to MoH. Government reiterates that the SHA rollout represents a significant shift in Kenya’s healthcare landscape, aimed at ensuring universal health coverage is achieved.
