The High Court will decide in two weeks whether to suspend the roll-out of the Social Health Insurance Fund (SHIF) after the Ministry of Health asked for more time to file its response to a petition challenging the implementation of the new scheme.
High Court judge Bahati Mwamuye ordered parties to file their responses, even as Konvergenz Network Solutions Ltd defended its role in implementing the universal health coverage scheme.
Through senior lawyer Kioko Kilukumi, the ministry said it had yet to file its response in a suit filed by Busia Senator Okiya Omtatah and Eliud Karanja Matindi and Dr Magare Gikenyi.
“In the interim, the court reserves the issuance of any conservatory orders to that hearing date if the same would be meritorious to issue,” the judge said and directed the parties to appear before him on October 25 for highlighting of submissions.
Mr Matindi submitted that there was confusion in the roll-out and patients were being turned away from hospitals. “There are serious violations happening even as the matter is pending determination. The court should intervene and stop it,” he said.
The three petitioners have sought the suspension of the programme, which was rolled out on October 1 to replace the National Health Insurance Fund (NHIF).
They have faulted the government for rolling out the programme without enacting the necessary legislation to operationalise the Social Health Insurance Act.
“The petitioners reiterate that the SHIF cannot be rolled out in the absence of enabling subsidiary legislation issued under the SHA Act and approved by Parliament to operationalise it,” Mr Omtatah said.
The petitioners have also questioned the procurement of the Safaricom consortium to provide an Integrated Healthcare Information Technology System (IHTS) for Universal Health Care (UHC) at the cost of Sh104.8 billion.
But in response, Konvergenz Network Solutions Ltd said the procurement process complied with the law and that it would show that the case did not raise any constitutional issues for the court to determine.
Through lawyer Issa Mansur, the company said that as part of the government's healthcare reforms aimed at providing universal healthcare to Kenyans, the Ministry of Health sought to create a digital health superhighway that would integrate key players in the healthcare ecosystem.
The platform, according to the company, will connect the national core digital health services with healthcare providers at both national and county government levels, the Social Health Authority (SHA), the Kenya Medical Supplies Authority (Kemsa), the Pharmacy and Poisons Board and the Kenya Medical Practitioners and Dentists Council, linking various services and ensuring interoperability.
“This involved the creation and implementation of a digital ecosystem with interconnected healthcare information technologies including provision of ICT infrastructure, both software and hardware (laptops, tablets, servers) and secure IT connectivity to operate the digital ecosystem across all public healthcare activities,” the firm said through its director, Mr Abdullahi Abdi.
The company denied allegations that the provision of the system by the Safaricom consortium was a fraudulent scheme to steal Sh104 billion over 10 years under SHIF.
The company said payments to the consortium are expected to be generated through the use of the system and various other avenues such as royalties and other monies from the procuring entity or other relevant government health agencies and will be tied to the user of the system so that if the system does not work, no payment will be due.
“The project is self-funding and no payments will be drawn from the Consolidated Fund,” Mr Abdi said.
The firm also dismissed claims that the Safaricom consortium would sell the software to third parties, saying it was a misleading claim.
“The Integrated Healthcare Information Technology System for UHC is a fully integrated digital system geared towards improving patient care, streamlining operations and strengthening the supply chain for medical products to ensure every Kenya has access to quality healthcare,” he said.
Mr Abdi said it was in the public interest to ensure that Kenyans have access to the highest attainable standard of health.
“A conservatory order will therefore have the effect of denying the public a constitutionally guaranteed right to healthcare services in the absence of any other framework for provision of healthcare other than through SHIF,” the company added.
