- According to the committee, the panel said the regulations are not in line with the constitution
- The Ministry of Health could not demonstrate whether it factored public view and that of the Council of Governors in the regulations
Senators have thrown a spanner in the works for President William Ruto’s ambitious social health insurance plan.
The fresh hurdle comes just days after the High Court declared the laws that should anchor the health plan unconstitutional.
A Senate committee has now recommended the annulment of the regulations that sought to operationalise the plan.
“After careful consideration…the Select Committee on Delegated Legislation does not accede…and recommends that the Senate resolves that the Statutory Instruments be annulled,” the committee stated.
While tabling a report of the committee, the panel’s chairman Mwenda Gataya poked several holes in the regulations.
The panel said the regulations are not in line with the constitution.
The Ministry of Health could not demonstrate whether it factored public view and that of the Council of Governors in the regulations.
“The Committee could not ascertain and verify from documentary responses submitted by the Ministry the extent to which the input from the counties ... through the CoG's submissions during public participation and other stakeholders' engagement was considered and incorporated into the final regulations."
Further, the Ministry failed to explain the financial implications of the application of the rules and regulations of the public.
The regulations include; Social Health Insurance (General) Regulations, 2024, Social Health Insurance (Tribunal Procedure) Rules 2024.
Last week, the High Court suspended the implementation of the Social Health Insurance Act for 120 days to allow Parliament make amendments.
Justices Alfred Mabeya, Robert Limo and Fridah Mugambi found some of the sections in the Act to be unconstitutional.
They cited Section 26(5) and 27 (4) of SHIA, saying some rights under the Act have been limited.
Section 26(5) makes registration and contribution a precondition for dealing with or accessing public services from the national and county governments or their entities.
Section 27(4) on the other hand provides that a person shall only access healthcare services where their contributions to the SHIF are up to date and active.
The new health plan was set to be rolled out on July 1, but was pushed to October.
However, this may now be delayed further due to the court ruling and the Senate’s decision.
Makueni Senator Dan Maanzo, a member of the committee, said the Ministry failed to show how they engaged the counties, the biggest stakeholders in the programme.
“Now that health is devolved under the constitution, if the counties are not properly consulted and they are not even aware of the publication of the regulations, it becomes very difficult,” he said.
How the Ministry was going to transit from the current NHIF to the new regulations and law was among the problems cited.
“There were so many gaping holes and now that the CS never turned up, the people the CS sent, really tried in vain without giving proper explanations as to why the regulations had so much missing,” Maanzo said.
Further, MoH did not provide an impact assessment on the health laws.
“One of the biggest problems was how they were going to assess the neediness of a family in the Republic of Kenya. We have quite a number of many needy families, which may now qualify to be paid for by the State, but that could not be availed.”