We applaud High Court's decision on SHIF – Faith Odhiambo

The High Court declared the Social Health Insurance Fund unconstitutional

In Summary
  • LSK President Faith Odhiambo reiterated the LSK’s stance that all government initiatives should serve the public's best interests and reflect the populace's views.

  • While delivering their judgement, Justices Alfred Mabeya, Robert Limo and Friday Mugambi gave Parliament 120 days to make amends to the said Act.

Law Society of Kenya President Faith Odhiambo
Law Society of Kenya President Faith Odhiambo
Image: FILE

Law Society of Kenya president Faith Odhiambo has applauded the recent decision by the High Court declaring the Social Health Insurance Fund unconstitutional.

"We are pleased with the decision of the High Court declaring the Social Health Insurance Fund unconstitutional," Faith Odhiambo stated.

"This decision is an affirmation of the judiciary's resolve to join in the unity of purpose by Kenyans towards ensuring accountability, good governance, and the rule of law," she added.

Odhiambo reiterated the LSK’s stance that all government initiatives should serve the public's best interests and reflect the populace's views.

She encouraged resistance against impunity and disregard for the people's will.

"We maintain that government programs must be for the good of the people and must be done under the views of the people," Odhiambo added.

"We are encouraged to continue standing firmly against impunity."

The High Court on Thursday declared the Social Health Insurance Fund unconstitutional.

While delivering their judgement, Justices Alfred Mabeya, Robert Limo and Friday 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 disparity in the contribution.

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