The High Court has declared the Social Health Insurance Fund (SHIF) unconstitutional
A three-judge bench consisting of Justices Alfred Mabeya, Robert Limo and Fridah Mugambi, while delivering their judgment, said that they have given the parliament 120 days to make necessary adjustments to the said Act.
This comes just months before the SHIF was set to replace the National Health Insurance Fund (NHIF), on 01 October 2024, with new deductions set at 2.75% of one’s gross income.
The judges have attributed their decision to lack of public participation in accordance with the constitution, while coming up with the healthcare programme. The judges further noted that there are stark disparities in the new Social Health Insurance Act (SHIF) that would burden a few salaried individuals.
The government had already directed Kenyans to begin registering for SHIF effective 1 July, 2024 ahead of the official transition.