School-going children will not be required to register their details with the new Social Health Insurance Fund (SHIF) scheme until the High Court determines a case filed by the Law Society of Kenya.
The government had on August 16 issued a circular instructing regional and county directors of education to ensure that all parents register their children as dependents under SHIF before the new school term begins.
But Justice Jairus Ngaah who certified the case filed by LSK as urgent said:
"Status quo prior to the issue of challenged directive 16 August 2024 shall be maintained pending hearing and determination of the substantive motion or further orders of the court."
LSK told the court that the decision of the CS Education, Ministry of Health and Attorney General (respondents) is illegal.
The court heard that the directive violates the rights of the minors in public schools from accessing basic education under the guise of compulsory registration as dependents of their parents based on a non-existent law.
They cited a decision by the high court in July this year which declared unconstitutional the Social Health Insurance Act among other acts of Parliament.
Justices Alfred Mabeya, Robert Limo and Fridah Mugambi at the time gave Parliament 120 days to make amends to the said Act.
The three-judge bench said parliament should undertake adequate public participation in accordance with the constitution before enacting the same act and amending the unconstitutional provisions.
The challenged act had provided for compulsory registration of all Kenyans under the social health insurance fund which provision now remains debatable.
This is so because the Social Health Insurance Fund Act remains suspended and any decision by the government anchored in the same remains illegal.
"The orders to that judgement have not been complied with and in any event, the Social Health Insurance Fund Act remains suspended and of no legal consequence," said LSK.
The case will be heard inter-partes on October 8
