The Court of Appeal on Friday partially lifted the High Court’s orders that had blocked the implementation of three key health laws in Kenya, paving the way for the government to proceed with its ambitious health reforms.
The three-judge bench of Justices Kiage, Nyamweya and Ngenye ruled that the High Court had erred in issuing a blanket injunction against the Social Health Insurance Act, 2023, the Primary Health Care Act, 2023 and the Digital Health Act, 2023, which were enacted by Parliament last year.
The appellate court, however, maintained the suspension of some provisions of the Social Health Insurance Act that required every Kenyan to register and contribute to the Social Health Insurance Fund (SHIF) as a condition for accessing public services and health care.
The court also upheld the requirement that every Kenyan be uniquely identified for purposes of provision of health services, saying that it violated the right to privacy and dignity.
The court’s decision was a partial victory for the Cabinet Secretary for Health, who had appealed against the High Court’s orders that were issued in November last year.
The petitioners had challenged the constitutionality of the health laws, arguing that they infringed on the devolved functions of health, violated the principles of public participation and fiscal responsibility, and threatened the rights and interests of health workers and patients.
The Cabinet Secretary for Health, however, defended the health laws, saying that they were aimed at achieving universal health coverage, improving the quality and affordability of health care, and enhancing the coordination and regulation of the health sector.
The court of appeal ordered that the appeal be heard and determined expeditiously, and directed the parties to file and serve their written submissions and authorities within seven days.
