In courts: Ruling on Gakuyo's detention to conclude Sh1bn fraud probe to be issued

Wheels of Justice: Court cases lined up for today.

In Summary

•The Televangelist was arraigned in court early morning after he was arrested at JKIA on 21 February while in transit to Zambia.

•The High Court is expected to hear a case challenging the new public health insurance.

In courts today
In courts today
Image: The Star

A Magistrates court will today rule on whether televangelist David Gakuyo will be held for four days pending a further probe into allegations of embezzling Sh1 billion from members of his Ekeza Sacco.

His defence counsels led by Ndegwa Njiru and Danstan Omari are opposed to the request by the DCI saying they have been investigating the matter for the last five years and their client has always been available to investigators during that period.

They also denied claims that Gakuyo is likely to interfere with the ongoing probe.

The televangelist was arraigned in court after he was arrested at JKIA on February 21 while on his way to Zambia.

The police sought to detain him for four days to investigate claims of embezzlement.

Case on new health insurance to proceed

Separately, the High Court is expected to hear a case challenging the new public health insurance.

The National Assembly has since filed a fresh application in the matter seeking to have it referred to Chief Justice Martha Koome to constitute and appoint a bench to hear and determine the matter.

The assembly says an uneven number of judges being not less than three should determine the matter owing to the pertinent constitutional questions it raises.

One of the questions the bench will be called upon to determine is whether the integrated digital health information system violates the right to privacy by storing the data of minors without their consent.

The Social Health Insurance Act, Digital Health Act, Primary Healthcare Act and Facility Improvement Financing Act were assented to by President William Ruto on October 19, 2023.

Upon enactment of the said laws, the entire National Health Insurance Fund Act, 1998, (“the NHIF Act”) which had been in operation for 25 years was repealed.

What followed were several petitions being filed in court challenging the constitutionality of three statutes.

Enock Aura filed the matter in court last year and an order was subsequently issued suspending implementation of the Act.

Health CS Health Susan Nakhumicha later appealed to the Court of Appeal.

The Appellate Court then proceeded to suspend three sections of the laws including section 26 (5) which makes registration and contribution a precondition for accessing public services from the national and county governments or their entities.

The court also put on hold section 27 (4) which provides that a person shall only access healthcare services where their contributions to the SHIF are up to date.

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