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The National Assembly and the Cabinet Secretary for Health have convinced the Appellate Court to temporarily suspend a High Court Judgement that invalidated three crucial health laws pending the hearing and determination of an appeal against the verdict.
Β In a ruling delivered by Justice Francis Tuiyott, Justice Ali Aroni and Lady Justice Lydia Achode, the Judges also directed that file be immediately placed before the President of the Court for his directions as to an urgent hearing to have it disposed of on a priority basis.Β
Β This means that the Government can proceed with the implementation of the three statutes namely Digital Health Act, Primary Healthcare Act and Social Health Insurance Act pending the hearing and determination of the Appeal.
Β "We reach this decision because the statutes haveΒ been with us for nine months and to allow the framework under which the health sector is operating to revert to the old framework with the possibility of it returning back again to the current framework (in the event of the appeal succeeding) is to put this undeniably crucial sector in a state of flux and uncertainty," ruled the Judges.
Β In its affidavit, the National Assembly faulted the High Court Judgement indicating that
enactment of the three laws had been properly undertaken, with extensive public participation.
Β The three statutes commenced on November, 22, 2023 upon repeal of the NHIF Act, to have all functions currently vested upon NHIF were taken over by the Social Health Insurance Authority. (SHIA).
Β The Appeal was filed by the Cabinet Secretary for Health which also enlisted the National Assembly and the Senate among the 14 respondents.
Β The High Court judgement originated from a petition filed by one Joseph Aura, against the three health laws on among other grounds alleged insufficient public participation prior to their enactment.