The National Health Insurance Fund (NHIF) will be transitioned to the Social Health Authority (SHA) 1 October despite a High Court case declaring SHIF Act 2023 unconstitutional, the Social Health Authority has said.
- •In a notice to employers, the Social Health Authority (SHA) says the last date for admission under the NHIF is 30th September paving way for SHA benefits which shall begin on 1st October.
- •In 2023, the Government accelerated efforts to realize Universal Health Coverage in line with its Bottom-Up Economic Transformation Agenda (BETA).
- •These efforts resulted in the enactment of the several health laws including the Social Health Insurance (SHI) Act 2023 which established the Social Health Authority (SHA), ushering in a new era of healthcare in Kenya.
“Payments received on or before 9th October will be credited to NHIF, payments received from 9th November, onwards will be credited to SHA,” said Elijah Wachira, the acting Chief Executive Officer of the Social Health Authority (SHA).
Unlike NHIF which mainly targeted employed Kenyans and those willing to join, the new Social Health Insurance Act targets every citizen and makes it mandatory for everyone to register and be paid up with dire sanctions for non-compliance.
Sections of the law (Social Health Insurance Fund Act, Digital Health Act and Primary Health Act) are already suspended by the High Court with the judges calling for proper public participation or the three acts be declared unconstitutional.
“A declaration is hereby issued that the entire Social Health Insurance Fund Act, 2023, the entire Digital Health Act, 2023 and the entire Primary Health Care Act, 2023 are all unconstitutional and therefore invalid, null and void,” reads the ruling by Freda Mugambi, Robert Limo and Alfred Mabeya.
“When legislation is poised to have such profound implications, it is crucial for Parliament to ensure that the public receives sufficient notice and opportunities to express their views, we find and hold that all the impugned Acts fail to meet the threshold and criteria set out by the Supreme Court and bare minimum standards set out,” the three-judge bench added.
