It is a win to the state after the Court of Appeal on Friday lifted orders which had suspended the implementation of the Social Health Insurance Act 2023.

Justices Paul Kiage, Pauline Nyamweya and Ngenye Macharia issued the orders pending the hearing of an appeal filed Health CS Susan Nakhumicha.

The High Court in a ruling suspended the implementation and or enforcement of The Social Health Insurance Act, 2023, The Primary Health Care Act, 2023 and The Digital Health Act, 2023.

However the court of appeal judges overturned the ruling noting that they had been persuaded that that the case pending before the court poses a real and present danger to the health rights of countless citizens who are not parties to the ongoing matter.

“We are persuaded that the confusion, the lacuna and the risk and harm to citizens pending the hearing and determination of the appeal is a price too dear to pay, and it would have the effect of rendering the appeal nugatory,” the ruling reads in part.

However several sections of the Social Health Insurance Act remain suspended pending the hearing and determination of the appeal. These are; Section 26(5) which make registration and contribution a precondition for dealing with or accessing public services from the national and county governments or their entities.

Section 27(4) which provides that a person shall only access healthcare services where their contributions to the Social Health Insurance Fund are up to date and active.

Section 47(3) which obligates every Kenyan to be uniquely identified for purposes of provision of health services.