The High Court has referred a case challenging the new public health insurance to Chief Justice Martha Koome to constitute a bench that will hear and determine the matter.
Justice Chacha Mwita issued the directive following an application by the National Assembly.
The Judge directed the matter to be mentioned on March 5 to confirm if the Chief Justice will have empanelled a bench.
Parliament convinced 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 assented to 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the entire National Health Insurance Fund Act, 1998, (“the NHIF Act”) which had been in operation for 25 years was repealed.
What followed were several petitions being filed in court challenging the constitutionality of three statutes. Enock Aura filed the matter in court last year and an order was subsequently issued suspending implementation of the Act.
But Health CS Health Susan Nakhumicha was aggrieved and appealed to the Court of Appeal.
The Appellate Court then proceeded to suspend three sections of the laws including section 26 (5) which makes registration and contribution a precondition for accessing public services from the national and county governments or their entities.
The court also put on hold section 27 (4) which provides that a person shall only access healthcare services where their contributions to the SHIF are up to date.
