NAIROBI – The High Court has suspended operations of the National Hospital Insurance Fund (NHIF), pending the Medical Claims Verification Committee, to audit 33 billion claims awaiting hearing of the lawsuit.
In a ruling issued by Judge Reuben Nyakundi, the court granted an order from the emergency services to prevent the committee from compiling the report, issuing recommendations, or filing a lawsuit in accordance with the disputed official gazette notification.
The order will remain pending hearings and decisions of petitions filed by Dr. Magare Gikenyi and three other petitioners.
“Because the hearing and decision of this petition is pending, the Conservatory Order issued a halt of the NHIF’s operations, a halt of the operation of the Medical Claims Verification Committee and suppressing the committee from filing a lawsuit in accordance with the report, recommendations or the official gazette notice above,” he ruled.
The ruling also bars the Chief Secretary, Ministry of Health Adan Duare and Attorney General, from relying on official gazette notifications to take action or to promote the operation of the suspension committee.
“We have carefully considered the tests to grant the Conservatory’s order, so we are pleased that the petitioner has met the threshold. This decision again emphasizes that we will never predict the merits of the main petitions decided after full discussion from all parties,” the court noted.
In the case of the lawsuit, Nakul surgeon Dr Benjamin Magale Zikeni and three others argue that there is no legal or constitutional foundation to establish a committee by the Secretary of Health, which is called an arbitrary decision without legislative support.
They argue that the creation of such bodies corresponded to a “roadside declaration” without statutory authority.
Specifically, they are in trouble with the orders of the committee that scrutinize and audit NHIF claims from July 2022 to September 2024, claiming that it directly infringes on the constitutional duties of the Audit General as provided under Article 229(4)(g) of the Constitution.