By Kamadi Amata

The High Court has declared the Social Health Insurance Fund unconstitutional.

Delivering the verdict on Friday, a three-judge bench constituting Justices Alfred Mabeya, Robert Limo, and Fridah Mugambi ruled that there was no public participation in coming up with the new healthcare programme.

The judges further noted that there were disparities in the new Social Health Insurance Act since it would burden a few salaried individuals by creating a disparity in the contributions.

“This should be done within 120 days. If they fail to, the Act shall remain suspended,” they said.

It was the court’s finding that the programme had burdened a few salaried individuals, thus creating disparity in the contribution.

The total nullification will be on November 20.

However, the judges suspended the decision for 120 days to give Parliament an opportunity to correct the legislation