𝗧𝘂𝗲𝘀𝗱𝗮𝘆, 𝗠𝗮𝗿𝗰𝗵 𝟭𝟮, 𝟮𝟬𝟮𝟰

A petition in which the Parliament of Kenya  has been sued alongside other entities for enactment of three health-related laws, will be heard before the High Court on 20th  March and 21st March 2024, a three-Judge Bench has directed. 

High Court Judges, Justice  Alfred Mabeya, Justice Freda Gathiru and Justice Robert Limo will hear the petition touching on among other laws, the recently enacted Social Health Insurance Act.

The constitution of the bench followed an earlier application by the National Assembly and the Senate for the petition to be heard and determined by a bench of not less than three judges owing to the seriousness of the issues raised. 

The petition filed by one Mr. Joseph Enock Aura, challenges the legality of the Social Health Insurance Act, the Primary Healthcare Act, and the Digital Health Act 2023, following the assent to the three Laws by the President H.E (Dr.) William Ruto, after the passage of their relevant Bills in Parliament.

Presiding Judge, Justice Mabeya indicated that the Court would share details on time allocation to the parties on eve of the hearing.

In their arguments for constitution of a three judge Bench to hear the matter, Clerk of the Senate who is also  Secretary to the Parliamentary Service Commission (PSC), Mr. Jeremiah Nyegenye and Clerk of the National Assembly, Mr. Samuel Njoroge indicated that the petition raised substantial questions of law that would be best handled by a bench of not less than three judges.

Mr. Njoroge told the court in an affidavit that the petition waded into Constitutional issues relating to the lawful mandate of the Parliament of Kenya and the Executive and thus had raised substantial questions of law.

"The issues raised in the petition are of general public importance as they concern performance of Constitutional functions and exercise of powers by Parliament of the Republic of Kenya and the Executive while undertaking their lawful mandates in accordance with the provision of the constitution," stated Mr. Njoroge. 

On his part, Mr. Nyegenye indicated that the petition had raised sensitive issues related to personal data usage and protection that necessitated empanelment of the three judge bench to render a judgment on matters raised. 

"The petition herein raises matters that call for a multisectoral approach to managing matters of healthcare including data privacy and information and communication technology which raise significant questions of law," argued Mr. Nyegenye.

Upon hearing all the parties, High Court Judge, Justice Chacha Mwita who was handling the matter at the time, acceded to the request by the two Houses on 23rd February 2024, and forwarded the request for constitution of the Bench to the Chief Justice and President of the Supreme Court, Lady Justice Martha Koome.

The National Assembly is represented in the petition by Ms. Sandra Nganyi, while the Senate is represented by Ms. Mercy Thanji.

Other respondents in the petition are the President sued through the Office of the Attorney General, Ministry of health and that of Information, Communication and Digital Economy, Social Health Authority, Commission on Revenue Allocation, the Council of Governors (CoG), Health reco