• The last time the matter was in court, Justice Josephine Mong’are directed NHIF and its CEO to honor their end of the bargain and sign the contract issued to Jomec.
• The two parties had entered into a consent which was adopted in court on February 6, 2024.
The National Health Insurance Fund (NHIF) has been given seven more days to amicably settle a multi-million dispute with a firm owned by former Naivasha MP John Mututho touching on the renewal of a medical insurance contract.
If the parties fail to reach an agreement, Jomec Limited owned by Mututho will proceed with their contempt application that could see the NHIF boss Elijah Wachira jailed for disobeying court orders.
The last time the matter was in court, Justice Josephine Mong’are directed NHIF and its CEO to honor their end of the bargain and sign the contract issued to Jomec.
But when the matter came up for a mention today (Monday, April 29), NHIF through advocate Brian Odongo said they are yet to settle the matter. Parties told the court they were hopeful by today they would have a new service agreement with NHIF.
"Deliberations are still ongoing. We pray for a bit more time. Give us one week for the negotiations,” Odongo said.
The two parties had entered into a consent which was adopted in court on February 6, 2024.
The consent order required both Jomec and NHIF to execute new service delivery agreements for the provision of medical health services.
But Jomec says NHIF wrote to them on April 9 saying they will not comply with the consent order as they are unable to enter into new contracts for the provision of healthcare services.
"We have penned several letters addressed to the NHIF Board asking it to comply with the consent orders of the court. But they have refused to issue us with the sanctioned contracts or tender a candid explanation for their blatant failure,” Jomec said.
“From their letter, they state they have failed to issue us with the contracts because the contracting authority of the NHIF Board has been aligned to its mandate to wind up the fund under the first schedule of the Social Health Insurance Act,” the company adds.
It is based on this that Mututho wants Wachira summoned to show cause why he should not be committed to civil jail for failing to comply with the court consent orders issued on 6 February.
Also sought is an order compelling the NHIF Board and Wachira to issue new service delivery agreements for the provision of medical health services in compliance with the consent orders issued on February 6.
The Judge directed this application to be heard on July 29 if no agreement is reached between the two.