The National Assembly Committee on Health has urged the government to conduct comprehensive public participation on the Social Health Authority (SHA) to avoid being dragged to court for a second time.
Endebess MP Robert Pukose, who chairs the committee, stated that the lack of sufficient public participation has been a significant challenge for various government programmes currently facing litigation in courts.
Pukose emphasised the need for comprehensive public engagement when State Department for Medical Services PS Harry Kimtai appeared before the committee on Tuesday.
The meeting focused on the transition from the National Hospital Insurance Fund (NHIF) to SHA.
Recently, the High Court nullified the Social Health Insurance Act of 2023, which had replaced the National Health Insurance Fund, citing insufficient public participation as the primary reason.
A three-judge bench comprising Justices Alfred Mabeya, Robert Limo, and Fredrick Mugambi also nullified the Primary Healthcare Act of 2023 and the Digital Health Act of 2023.
The judges gave Parliament 120 days to make the necessary amendments, during which these laws will remain suspended.
Pukose highlighted that the Ministry of Health now has an opportunity to implement thorough public participation and sensitisation on SHA.
“One of the biggest challenges we face as a government in the courts is the lack of sufficient sensitisation, particularly regarding health laws. People often resort to legal action, claiming there was a failure or absence of sensitisation on these programs,” Pukose remarked.
“Adequate sensitisation should not be selective; it must be inclusive and executed effectively. I believe this is an area that requires revisiting to ensure proper sensitisation activities are carried out.”
In response, Kimtai stated that the Ministry of Health is at the advanced stages of preparing a series of sensitisation programmes aimed at informing the public about the benefits of SHA.
He explained that the SHA is currently focused on membership registration and sensitising the public on the benefits they will be entitled to.
“To that end, we are launching a national validation exercise for the tariffs and benefit packages. This will ensure that all SHA members are informed about their entitlements under the new system,” Kimtai stated.
He added that there is an ongoing comprehensive sensitisation programme being broadcast on radio and various television stations.


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