- Court of Appeal Judges Patrick Kiage, Pauline Nyamweya and Ngenye Macharia, however, declined to issue any interim relief pending the ruling
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The Court of Appeal will on Friday next week rule on whether it will suspend an order that stopped the implementation of the Social Health Insurance Act 2023.
Court of Appeal Judges Patrick Kiage, Pauline Nyamweya and Ngenye Macharia, however, declined to issue any interim relief pending the ruling as had been sought by CS Health Susan Nakumicha.
Susan through Senior Counsel Fred Ngatia had urged the court to consider issuing temporary reliefs as they retire to write their ruling to alleviate the burden being experienced by patients countrywide owing to the effect the order has had.
In a hearing that lasted for more than 3 hours, Ngatia persuaded the court to lift the blanket order as it has had a negative effect on patients seeking treatment.
He told the court that patients across the country can't get pre-authorization for treatment because NHIF ceased to operate and the succeeding Act was blocked by the High Court.
The High Court in November last year issued a conservatory order stopping implementation of the Act and fixed the case for hearing on February 7 this year.
The order was issued ex parte meaning parties sued in the matter were not allowed to be heard.
"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," Ngatia said.
Ngatia told the appellate judges that the effect of that order is that Kenyans are not able to access Healthcare which is a right guaranteed to them under the constitution.
"Please find favor today and suspend the blanket order. Don't let the patients be part and parcel of our legal wars," Ngatia said.
The Attorney General and The President were in support of the application by CS Health.
Counsel Emmanuel Bita said the effect of the order by the High Court is to erode an existing framework created to carry out certain services for the benefit of Kenyans.
He said as things stand, there is no transition mechanism because the Act was suspended.
"We are in a vacuum and it is hurting patients in the country," the court heard.