RUTO in tears as Court declares his SHIF illegal and unconstitutional despite spending a fortune convincing Kenyans that it was good

 Friday, July 12, 2024 – President William Ruto has been dealt a severe blow. This is after a three-judge bench declared the Social Health Insurance Fund (SHIF) as unconstitutional.

This decision effectively halts the implementation of SHIF, a project designed to replace the beleaguered National Health Insurance Fund (NHIF).

In the ruling, the court declared all laws enacted by Ruto’s administration to overhaul the health care system as "null and void."

The court has also suspended any further actions undertaken under SHIF, including the ongoing registration.

“A declaration is hereby issued that the entire Social Health Insurance Fund Act 2023, the entire Digital Health Act 2023, and the Primary Health Act 2023 are all unconstitutional and therefore legally null and void.”

“Within that period, the Acts shall remain suspended,” the judges asserted, sending the matter back to Parliament for rectification,” the judges declared unequivocally.

Lawmakers have been given until November 20 to amend the legislation.

The Social Health Insurance Act, No. 16 of 2023 (SHIFA), which received presidential assent on October 19, 2023, and became effective on November 22, 2023, aimed to establish the Social Health Authority.

This body would manage social health insurance, fulfilling Article 43(1)(a) of the Constitution, which guarantees every citizen the right to health care services.

This ruling comes just 81 days before the scheduled rollout of SHIF, casting a shadow of uncertainty over the transition.