The High Court has suspended the compulsory registration of Kenyan students in the Social Health Insurance Fund (SHIF) pending its ruling on a case brought forth by the Law Society of Kenya (LSK).
On August 16, the government instructed regional and county education officials to ensure that parents register their children as dependents under SHIF prior to the commencement of the new school term. READ FULL STORY
However, Justice Jairus Ngaah, who deemed the case urgent, has mandated that the current status be maintained until the court reaches a conclusive decision.
“Status quo prior to the issue of challenged directive 16 August 2024 shall be maintained pending hearing and determination of the substantive motion or further orders of the court,” the Court directed.
The Law Society of Kenya (LSK) contended that the directive issued by the Cabinet Secretary for Education, the Ministry of Health, and the Attorney General is unlawful.
They asserted that the order infringes upon the rights of minors in public schools by making access to fundamental education dependent on mandatory registration, which is based on a non-existent law.
The society cited a High Court decision from July that deemed the Social Health Insurance Act and several other legislative acts unconstitutional.
During that ruling, Justices Alfred Mabeya, Robert Limo, and Fridah Mugambi granted Parliament a period of 120 days to revise the Act and ensure adequate public engagement in accordance with the Constitution.
The contested Act had required the compulsory registration of all Kenyans under the Social Health Insurance Fund (SHIF), a stipulation that is currently under scrutiny.
LSK maintained that, given the Act remains suspended, any governmental actions associated with it are therefore unlawful.
The case will be heard on October 8.
SHIF aims to provide universal healthcare coverage and is primarily financed through employee contributions, which will be 2.75% of gross salary for salaried individuals and the same percentage of annual income for non-salaried earners.
The minimum contribution is Kes. 300.
Kenyans can register for SHIF via a USSD code by dialing *147# and following the prompts to provide personal details.
Additionally, there is an online portal available at www.sha.go.ke for registration.
For those who prefer in-person assistance, registration help will be available at designated NHIF offices and other authorized points.
The SHIF will cover a range of services, including primary healthcare, emergency care, chronic illnesses, and travel health insurance for visitors to Kenya.
Contributors will have the option to include their spouses and children under 25 as beneficiaries.
The transition from NHIF to SHIF is expected to enhance access to affordable healthcare for all Kenyans, aligning with the government’s goal of achieving Universal Health Coverage.
