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Sunday, February 25, 2024

Extra ache as Court docket of Enchantment overturns order blocking new 2.75pc Well being Fund levy

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The federal government has scored a giant win after the Court docket of Enchantment lifted an order, barring the implementation of the Social Well being Insurance coverage Fund.

The ruling, which was delivered on Friday afternoon, got here following an enchantment by Well being Cupboard Secretary Susan Nakhumicha.

“We expect that given what has been sworn by the CS there’s a actual and current hazard to the well being rights of numerous residents who aren’t events to the litigation pending earlier than our courts. We’re persuaded that the confusion, the lacuna and the chance and hurt to residents pending the listening to and willpower of the enchantment is a worth too expensive to pay, and it might have the impact of rendering the enchantment worthless,” the appellate courtroom mentioned in its ruling..

“We hereby droop the orders of the Excessive Court docket restraining the implementation and or enforcement of The Social Well being Insurance coverage Act, 2023, The Major Well being Care Act, 2023 and The Digital Well being Act, 2023,” the courtroom mentioned.

The implementation of the Act was stopped in November final 12 months following a petition by Joseph Enock Aura.

CS Nakhumicha moved to the appellate courtroom and pleaded with the judges to raise the suspension, arguing that the suspension created a vacuum and confusion within the well being sector as NHIF has since been changed.

Arguing that the suspension had created confusion within the well being sector, the CS moved to the Court docket of Enchantment pleading with the judges to quickly raise the suspension, pending the listening to of the enchantment.

She mentioned the blockade created a vacuum for the reason that Nationwide Well being Insurance coverage Fund (NHIF) has since been changed whereas the succeeding Act was stopped.

The CS additional submitted that thousands and thousands of sufferers who rely upon the NHIF for remedy can’t entry the providers, one thing that’s interfering with the federal government’s plan to implement the Common Well being Protection (UHC) programme, and the availability of high quality and reasonably priced healthcare for all Kenyans.

“The applicant is aggrieved by the order and seeks to lodge an enchantment earlier than this honourable courtroom to put aside the mentioned orders in order to seal the authorized vacuum and afford thousands and thousands of Kenyans entry to healthcare,” Ms Nakumicha mentioned within the utility.

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