The High Court has suspended its decision that invalidated the Health Acts for a period of 45 days to allow the government time to appeal.
This comes hours after the court declared the Social Health Insurance Fund unconstitutional.
The three-judge bench led by Justice Alfred Mabeya however said the 45-day stay will not affect the suspension of sections 26 and 27 of the Social Health Insurance Act in light of them being unconstitutional.
Section 26(5) makes registration and contribution a precondition for dealing with or accessing public services from the national and county governments.
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 judges said to the extent that the two sections of SHIA have not made exceptions to the right to emergency medical services, the same cannot stand the test of constitutionality.
This is so because they offend Article 43 of the constitution which obligates every Kenyan to be uniquely identified for purposes of the provision of health services.
While delivering their judgement, Justices Mabeya, Robert Limo and Mugambi 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.
"This should be done within 120 days. If they fail to, the Act shall remain suspended," they said.
It was the court's finding that the programme had burdened a few salaried individuals, thus creating a disparity in the contribution.
