High Court Suspends Implementation Of Three Healthcare Laws

The High Court of Kenya on Monday issued orders to suspend the implementation of three recently assented laws until February 7, 2024. The affected Acts are The Social Health Insurance Act, Primary Health Care Act, and the Digital Health Act.

The Kenya Medical Practitioners, Pharmacists & Dentists Union (KMPDU) sought the suspension, citing adverse effects on the broader health sector. Justice Chacha Mwita granted a conservatory order, restraining the respondents from implementing and enforcing the mentioned acts until the specified date.

Key Points

• The High Court has suspended the implementation of three healthcare laws.
• The affected Acts are The Social Health Insurance Act, Primary Health Care Act, and the Digital Health Act.
• The Kenya Medical Practitioners, Pharmacists & Dentists Union (KMPDU) sought the suspension, citing adverse effects on the broader health sector.
• The suspension comes as a blow to President William Ruto’s plans to achieve Universal Health Coverage.

Background

President William Ruto had recently assented to these Acts just before this year’s Mashujaa Day celebrations, aiming to achieve Universal Health Coverage as part of his legacy plan.

The Social Health Insurance Act divided the National Health Insurance Fund into three funds: the Primary Health Care Fund, the Social Health Insurance Fund, and the Chronic Illness and Emergency Fund.

KMPDU’s Concerns

The KMPDU has raised concerns that the new laws will lead to a fragmented healthcare system, with different funds and benefits for different groups of people. The union also fears that the laws will give the government too much control over the healthcare system and reduce the role of healthcare professionals.

Next Steps

The High Court has directed the Ministry of Health to respond to the petition within seven days. Following that, they have an additional seven days for filing and serving supplementary affidavits.

Subsequently, the Ministry has another seven days to file and serve written submissions to the petition, limited to 10 pages.

Implications for Universal Health Coverage

The suspension of the three healthcare laws is a blow to President Ruto’s plans to achieve Universal Health Coverage. The government will now have to go back to the drawing board and come up with a new plan that addresses the concerns of the KMPDU and other stakeholders.

It is unclear how long it will take to develop a new plan and get it through Parliament. In the meantime, the implementation of Universal Health Coverage will be delayed.

This is a developing story and we will continue to monitor it closely.