The High Court has 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.
