In a recent development, the High Court has issued directives regarding the requirement for learners to register for the Social Health Insurance Fund (SHIF).
This decision comes in response to a case filed by the Law Society of Kenya (LSK), challenging the government’s directive on student registration.
Also Read: What is SHIF and How to Register for SHA
Court’s Intervention and LSK’s Challenge
The Law Society of Kenya swiftly challenged this directive, filing a case in the High Court. Justice Jairus Ngaah, presiding over the matter, certified the case as urgent and issued a significant order.
He stated:
“Status quo prior to the issue of challenged directive 16 August 2024 shall be maintained pending hearing and determination of the substantive motion or further orders of the court.”
This ruling effectively puts a hold on the government’s directive, allowing students to begin their school term without the SHIF registration requirement.
The LSK presented a compelling case to the court, arguing that the decision made by the respondents – namely the CS Education, Ministry of Health, and Attorney General – was illegal.
They contended that the directive infringes upon the rights of minors in public schools to access basic education. The LSK argued that the government was imposing compulsory registration based on a “non-existent law.”
Government’s Initial Directive
On August 16, 2024, the government had issued a circular that sent ripples through the education sector. The directive, addressed to regional and county directors of education, mandated that all parents register their children as dependents under the SHIF scheme before the commencement of the new school term.
Adding weight to their argument, the LSK cited a previous High Court decision from July 2024. In that ruling, a three-judge bench comprising Justices Alfred Mabeya, Robert Limo, and Fridah Mugambi had declared the Social Health Insurance Act unconstitutional, along with other acts of Parliament.
The court had given Parliament a 120-day window to amend the Act, emphasizing the need for adequate public participation in accordance with constitutional requirements.
Implications of the Suspended Act
The LSK highlighted a critical point in their submission:
“The orders to that judgement have not been complied with and in any event, the Social Health Insurance Fund Act remains suspended and of no legal consequence.”
This statement underscores the legal limbo in which the SHIF registration requirement finds itself. The Act, which had initially provided for compulsory registration of all Kenyans under the social health insurance fund, now remains in a state of suspension.
As the case proceeds, the education sector, parents, and students alike await the final determination by the High Court.
