𝗪𝗲𝗱𝗻𝗲𝘀𝗱𝗮𝘆, 𝗠𝗮𝗿𝗰𝗵 𝟭𝟯, 𝟮𝟬𝟮𝟰 

The National Assembly has challenged the legality of a petition filed by four medical unions, against the recent enactment of the Social Health Insurance Act, on account that the matter is already substantively before the High Court in another suit. 

 In an affidavit filed before the Court, Clerk of the National Assembly, Mr. Samuel Njoroge wants the petition filed by the medical unions to be stayed, and/or consolidated with the separate petition which is before a three-Judge Bench and is already scheduled for hearing on the 20^th March, 2024 and 21st March, 2024. 

In the contentious petition, the Kenya Medical Practitioners’ and Dentists Union (KMPDU), the Union of Kenya Civil Servants (UCS), People’s Health Movement (PHM) and the Kenya Alliance of Street Vendors (KASV) claim that the Social Health Insurance Act violates several provisions of the Constitution on healthcare.  

The High Court is, however, already handling another petition filed by one Mr. Joseph Enock Aura, challenging the legality of the Social Health Insurance Act, the Primary Healthcare Act, and the Digital Health Act, 2023. 

Chief Justice and President of the Supreme Court, Lady Justice Martha Koome, earlier placed the petition by Mr. Aura before High Court Judges; Justice Alfred Mabeya, Justice Freda Gathiru and Justice Robert Limo, on account of an application by the National Assembly and the Senate for constitution of the wider Bench given the weighty matters raised. 

According to Mr. Njoroge, entertaining the petition filed by the four medical unions may occasion the “possibility of conflicting decisions by different courts on the same issue.”

 “The institution of several suits over the same issues should be discouraged by the Courts,” argues Mr. Njoroge in his affidavit.

 High Court Judge, Justice Chacha Mwita, earlier this year, acceded to a request by the four medical unions to have the matter referred to a three-Judge-Bench and subsequently forwarded the request for constitution of a bench to the Chief Justice.

 In his ruling, Justice Mwita suggested that the Chief Justice considers placing the file before the Bench currently handling the petition by Mr. Aura; which is due for mention.  

He added that placing the file before that same Bench would ease disposal of the preliminary issues including the objection raised by Clerk of the National Assembly against the petition by Medical Unions. 

Other Parties sued by the four medical unions in relation to the Social Health Insurance Act are the Cabinet Secretary in the Ministry of Health and the Hon. Attorney General.