The Eldoret High Court has issued a temporary suspension on the operations of the National Health Insurance Fund (NHIF) Pending Medical Claims Verification Committee, citing constitutional concerns. This ruling, delivered by Justice R. Nyakundi, halts the committee’s activities pending the resolution of a petition challenging its legality.
Conservatory Orders Issued
The court’s decision suspends the committee, established under Gazette Notice No. 4069, Vol. CXXVII—No. 64, dated March 28, 2025, from compiling reports, making recommendations, or taking any actions as outlined in the notice. These conservatory orders will remain in effect until the petition’s conclusion.
In his ruling, Justice Nyakundi emphasized:
“The conservatory order is issued to suspend the operations of the NHIF Pending Medical Claims Verification Committee and restrain it from undertaking any actions pursuant to the Gazette Notice until this petition is fully heard and determined.”
Key Parties and Allegations
The petitioners, led by Nakuru-based surgeon Dr. Benjamin Magare Gikenyi and three others, argue that the committee’s formation was unconstitutional. They claim that its establishment by the Health Cabinet Secretary lacked legislative or constitutional authority.
Central to the petition is the committee’s mandate to audit NHIF claims from July 2022 to September 2024, which the petitioners assert infringes on the constitutional powers of the Auditor-General, as stipulated in Article 229(4)(g) of the Kenyan Constitution.
The petitioners further contend that proper auditing of NHIF claims should only be conducted by the Auditor-General upon a formal request from the Cabinet Secretary, in line with Article 254(2) of the Constitution and Section 37 of the Public Audit Act.
Justice Nyakundi’s Observations
While granting the conservatory orders, Justice Nyakundi clarified that the ruling does not determine the substantive issues of the petition, which will be addressed after a full hearing.
“This decision is procedural and does not reflect on the merits of the main petition, which will be decided upon hearing all arguments.”
The court also barred Health Cabinet Secretary Adan Duale, the Principal Secretary, and the Attorney General from supporting the committee’s activities or acting on the Gazette notice.
Implications and Next Steps
The petitioners argue that allowing the committee to proceed could undermine the remedies sought, should the court ultimately rule in their favor. The matter is set for mention on June 2, 2025, to outline the next steps in the legal proceedings.
