Major win for the Health sector as Court of Appeal stays judgement on three Health Laws including SHIA

The CS Health and the National Assembly have convinced the Appellate Court to temporarily suspend a High Court Judgement that invalidated three crucial Health Laws pending the hearing and determination of an Appeal against the verdict.

In a ruling delivered by Justices Francis Tuiyott, Ali Aroni and Lydia Achode, the Judges also directed that file be immediately placed before the President of the Court for his directions as to an urgent hearing to have it disposed on a priority basis.

This means that the Government can proceed with the implementation of the three statutes namely Digital Health Act, Primary Healthcare Act and Social Health Insurance Act pending the hearing and determination of the Appeal.

"We reach this decision because the statutes have been with us for nine months and to allow the framework under which the health sector is operating to revert to the old framework with the possibility of it returning back again to the current framework (in the event of the appeal succeeding) is to put this undeniably crucial sector in a state of flux and uncertainty," ruled the Judges.

In its affidavit, the National Assembly faulted the High Court Judgement indicating that enactment of the three Laws had been properly undertaken, with extensive public participation.

The three statutes commenced nine months ago on November, 22, 2023, upon repeal of the NHIF Act, resulting in all functions currently vested upon NHIF being taken over by the Social Health Insurance Authority. (SHIA).

The Appeal was filed by the Cabinet Secretary for Health which also enlisted the National Assembly and the Senate among the 14 respondents enlisted in the case.

The High Court judgement originated from a petition filed by one Joseph Enoch Aura, against the three Health Laws on among other grounds, allegations of insufficient public participation prior to their enactment.