•The consent between NHIF Board and Jomec Limited- a company owned by Mututho was adopted in court on February 6 this year.
•Jomec in its fresh application before the Milimani Commercial Court says the NHIF board has only complied with a part of the order.
Image: FILE
Former Naivasha MP John Mututho wants NHIF CEO Elijah Wachira punished for failing to honor an agreement they entered with his company for the provision of healthcare services.
The consent between NHIF Board and Jomec Limited- a company owned by Mututho was adopted in court on February 6 this year.
Jomec in its fresh application before the Milimani Commercial Court says the NHIF board has only complied with a part of the order.
Through advocate Kimani Wachira, 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 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 says.
“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,” Jomec adds.
The Social Health Insurance Act came into force on November 22 last year while the consent was executed on February 5.
Mututho explains that at the time of the negotiations, NHIF board and Wachira knew too well that the Social Health Insurance Act was in place but nevertheless went ahead and executed the consent.
He claims that they will suffer huge losses on account of the NHIF board to issue them with the service delivery contracts.
He now wants NHIF CEO 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 the Wachira to issue new service delivery agreements for provision of medical health services in compliance with the consent orders issued on February 6.
Justice Josephine Mongare after perusing the application ordered it be served upon the named parties who will in turn put their responses within seven days.
The matter will be mentioned on April 22.