Busia Senator Okiya Omtatah and two others have moved to court seeking to block the implementation of the Social Health Insurance Fund (SHIF) ahead of today’s launch.
Mr Omtatah together with Mr Eliud Karanja Matindi and Dr Magare Gikenyi argue that the subsidiary legislation required to operationalise the Social Insurance Health Act were not in place.
The three petitioners have also questioned the procurement of the Safaricom consortium to provide an integrated healthcare information technology system (IHTS) for universal health coverage (UHC) at the cost of Sh104.8 billion.
“The petitioners reiterate that the SHIF cannot be rolled out in the absence of enabling subsidiary legislation issued under the SHA Act and approved by Parliament to operationalise it,” Mr Omtatah said.
Mr Omtatah said in the petition that they are challenging the constitutional validity of implementation of the two annulled legal notices — the Social Health Insurance (General) Regulations, 2024 and The Social Health Insurance (Tribunal Procedure) Rules, 2024.
He said the exclusion of the Senate in their enactment violates rule of law, democracy and participation of the people, devolution and sharing of power.
He further said the award of the tender to Safaricom consortium is suspicious due to the manner in which it was procured, stating that it went against the requirements that public contracts should be equitable, transparent, competitive and cost-effective.
Apeiro Limited, the largest shareholder in the Safaricom consortium, was awarded the technology-based system for the UHC programme.
According to the petitioners, the request for proposal was issued on May 9, 2024 and on May 15, the consortium submitted its technical and financial proposals.
“Unbelievably, upon alleged evaluation on the same date, the procuring entity issued a notification of intention to award contract under the letter Ref No. MOH/PROC/GEN/MF/ADSCMS/VOL.1 of 16th May 2024,” Mr Omtatah said.
He noted that the government will not own the system as under very strict conditions. The consortium will only give very restricted user rights, under periodic subscription and nothing stops it from selling the software to third parties, he said.
“The court be pleased to issue a conservatory order suspending the award…to Safaricom Consortium… for the provision of Integrated Healthcare Information Technology System for Universal Health Care (UHC),” the three said in the petition.
Mr Omtatah argued that works to deliver the IHTS for UHC programme is the exclusive mandate of the Digital Health Agency, which was established under the Digital Health Act.
The legislator said the Act provides for the establishment of the Digital Health Agency (DHA), the framework for provision of digital health services and the establishment of a comprehensive integrated digital health information system and for connected purposes.
He said that it cannot be contested that through the DHA Act 2023, Parliament established the Digital Health Agency as an independent specialised institution with the mandate to develop, operationalise and maintain the comprehensive integrated Health Information System to manage the core digital systems and the infrastructure.
“The DHA is an autonomous body corporate capable, in its own name, of developing, purchasing or otherwise acquiring, holding, charging and disposing of movable and immovable property,” he said.
Under the new health plan, Kenyans will be deducted 2.75 percent of their monthly income starting October. A petition challenging the new health laws, which replaced the National Hospital Insurance Fund is pending at the Court of Appeal.
