Appellate Court stays orders, clears SHA rollout pending appeal

The Court of Appeal has temporarily suspended a High Court ruling that invalidated three critical health laws, following an appeal by the Cabinet Secretary for Health and the National Assembly.

The laws in question, the Digital Health Act, the Primary Healthcare Act, and the Social Health Insurance Act, will remain in effect pending the hearing and determination of the appeal.

In their ruling, Justices Francis Tuiyott, Ali Aroni, and Lydia Achode directed that the case be urgently placed before the President of the Court of Appeal for a priority hearing to expedite its resolution.

The decision allows the government to continue implementing the three laws, which have been in force for nine months, as the appeal process unfolds.

The Judges stated, “We reached this decision because the statutes have been with us for nine months. Allowing the health sector to revert to the old framework, with the possibility of it shifting back again if the appeal succeeds, would put this undeniably crucial sector in a state of flux and uncertainty.”

The High Court judgment, which prompted the appeal, arose from a petition filed by Joseph Enoch Aura, who challenged the three health laws, citing inadequate public participation during their enactment.

However, the National Assembly defended the laws, asserting that they were passed with extensive public consultation.

The three laws came into effect on November 22, 2023, replacing the NHIF Act and transferring the functions of the National Health Insurance Fund (NHIF) to the newly established Social Health Insurance Authority (SHIA).

The appeal, filed by the Health Cabinet Secretary, lists the National Assembly and the Senate among 14 respondents.

The post Appellate Court stays orders, clears SHA rollout pending appeal first appeared on KBC.

The post Appellate Court stays orders, clears SHA rollout pending appeal appeared first on KBC.