According to reports, the government spent Sh142 million on legal fees in response to a lawsuit challenging the implementation of the Social Health Insurance Act, 2023.
The Social Health Authority, promoted by the government as a game changer that would streamline healthcare funding and assure universal access to medical treatments, ended up in court after Aura Joseph Enock filed a case.
Medical Services Principal Secretary Harry Kimtai said before the Health Committee last week that the ministry was forced to hire a high-profile legal team to fight a formidable legal battle.In the process, the ministry incurred Sh142.2 million in legal fees, which it now wants MPs to approve as part of the extra budget.
The plan is under consideration in Parliament. “We equally need Sh142.2 million to pay external counsels,” Kimtai told the committee chaired by Endebess MP Robert Pukose.
The details come only days after it was revealed that the multi-billion-shilling system used to manage social health insurance is controlled by people rather than the government.
The government, however, paid Sh104 billion to acquire the system. Aura had contested the implementation of the Social Health Insurance Act, the Primary Health Act, and the Digital Health Act all in 2023.The activist, through lawyer Harrison Kinyanjui, claimed that the Social Health Insurance Act 2023 was unconstitutional.
He said that the Executive usurped the authority of Parliament in enacting the new law, and there was no sufficient public engagement prior to its implementation.
On July 12, the High Court urged Parliament to conduct more extensive public involvement before implementing the laws and ordered changes to specific elements.
The court first suspended the acts for 45 days. Kimtai, however, stated that the state has already appealed against the High Court ruling that declared the implementation of the aforementioned regulations as illegal.
The PS also requested an additional Sh350 million to fund foreign travel for himself and Health Cabinet Secretary Deborah Mlongo for the next three months.
He informed MPs that the monies would be used to cover foreign travel expenses for the Cabinet Secretary and Principal Secretary’s offices.This was because Kenya was the chairperson of the East African Community and thus had to travel.
Kimtai revealed that the travels were directed by the Chief of Staff and the Head of Public Staff in a letter dated December 13. According to the communication, the CS and PS were directed to attend all EAC meetings relevant to the health sector, but no funding provision was made for this, he stated.
“Currently the state department has zero allocation on foreign items to facilitate such kind of attendance. These additional funds will also provide fuel boards, conferences and domestic travel,” Kimtai said.
The PS also stated that the department required an additional Sh6 billion for primary healthcare and the Emergency, Chronic, and Critical Illness Fund to expand the scheme’s coverage.
According to the document given in the Committee, the State Department requires Sh700 million to implement Presidential Directive Projects.
The projects include the construction of Ziwa Sub-County Hospital at a cost of Sh287.75 million, Tiret Sub-County Hospital at Sh287.75 million and Kesses Sub-County Hospital at Sh124.5 million.
“The State Department has received numerous directives from the Office of the President to consider the construction and equipping of the health centre and county hospitals across the country,” he said.
Add Comment