SHIF case set for directions Tuesday next week

CJ Koome tasked Mabeya, Robert Limo and Fridah Mugambi to deal with the case.

In Summary
  • The empanelment comes after the National Assembly managed to convince the court that the case as filed by Activist Enock Aura raises weighty and complex constitutional issues.
  • One of the questions the bench will be called upon to determine is whether the integrated digital health information system violates the right to privacy by storing the data of minors without their consent.
Chief Justice Martha Koome speaking on February 22, 2024.
Chief Justice Martha Koome speaking on February 22, 2024.
Image: FILE

The High Court will on Tuesday next week give directions in a case challenging the Social Health Insurance Fund (SHIF).

Justice Alfred Mabeya who will be presiding over the case filed by activist Enock Aura set the date following the empanelment of a three-judge bench to determine the case.

Chief Justice Martha Koome tasked Mabeya, Robert Limo and Fridah Mugambi to deal with the case filed last year.

The empanelment comes after the National Assembly managed to convince the court that the case as filed by Activist Enock Aura raises weighty and complex constitutional issues.

One of the questions the bench will be called upon to determine is whether the integrated digital health information system violates the right to privacy by storing the data of minors without their consent.

The Social Health Insurance Act, Digital Health Act, Primary Healthcare Act and Facility Improvement Financing Act were passed by President William Ruto on October 19 last year.

Upon enactment of the said laws, the entire National Health Insurance Fund Act, 1998, (“the NHIF Act”) which had been in operation for 25 years was repealed.

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