'It's a life or death matter': Petitioner in court to stop gov't plan to implement SHIF

An Activist has moved to court seeking to block the government from rolling out the new Social Health Insurance scheme that is set to replace NHIF.

Through Advocate Danstan Omari, the activist submits that the lack of a procedural transition to SHIF poses an imminent and catastrophic gap in the health sector that will result in disruption of health services delivery.

He is now seeking court orders to stop Social Health Authority CEO Elijah Wachira from implementing contracts issued to health providers pending the hearing and determination of the petition.

Furthermore, Bikeri noted that the respondents in the case have extended unenforceable contracts, which he argues will result in sick Kenyans not receiving necessary healthcare.

“According to the 2nd Respondent's website: www.sha.go.ke there are no names of the senior management which is an indication that the second respondent has no staff nor any accountability implementation of day-to-day activities to avoid disruption of services,” the court papers read in part.

Similarly, Bikeri told the court that  Wachira unilaterally issued letters extending contracts to interested parties and healthcare providers, extensions he asserts are unenforceable, null, and void.

He further asserted that the contracts were negotiated between the parties with specific legal requirements and conditions for extension, which the respondents failed, ignored, or refused to comply with.

Bikeri added that SHA has not complied with requisite provisions of the Social Health Insurance Act, 2023, concerning issuance of contracts and therefore the purported undated notice is illegal, irregular, misleading and made in bad faith to deceive the public and health care facilities/providers

Entities named as interested parties in the case include the Kenya Medical Practitioners and Dentist Council, the Kenya Medical Association (KMA), the Kenya Association of Private Hospitals, and the Christian Health Associations of Kenya.