The government has yet again suffered a huge setback after the court of appeal held on to the rulling made about the Social Health Fund Act 2023.
The rulling was made by the High Court on November 27, 2023 directing the government to stop the implementation and enforcement of the Social Health Insurance Fund. This forced the Ministry of Health to seek an appeal.
The court of appeal on Wednesday declined to stop the order that was issued back then. In an hearing that lasted for more than five hours, Senior Counsel Fred Ngatia persuaded the three judges to lift the ban due to the advantages the Social health fund comes with.
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“I urge you to kindly consider the thousands of patients who are suffering in the country as they seek treatment. We are in a lacuna and please find favour and set aside the orders, let those in hospitals deal with diseases and not be part of this legal battle…it is for the benefit of Kenyans who rely on this national insurance.”
However, a three-judge bench composed of justices Patrick Kiage, Pauline Nyamweya and Ngenye Macharia declined this plea and directed to go through a lengthy submission to issue another rulling on 19th.
“We decline to issue any orders at this point on this appeal pending our ruling on the lengthy submission made by the parties. We will render our ruling on Friday, January 19, 2024.”
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Although the government tried to convince the court of appeal that the High Court Judge Chacha Mwita erred in law by giving the orders ex-parte that halted its plans to implement the new health insurance fund, the Court Of Appeal couldn’t agree with them.
“It is an error as the order granted was final. It is difficult to comprehend how a court can issue a conservatory order, which should be ordinarily granted after hearing all parties There is a vacuum since we wonder whether should a court strike down legislation.”
However, both parties will wait for January 19th for the final decision of the court after going the lengthy submissions presented by the parties involved.