The High Court has dissolved the National Health Insurance Fund (NHIF) pending claims verification committee, just four months after its creation, declaring it unconstitutional.
In a ruling that deals a setback to Health Cabinet Secretary Aden Duale, Justice Ruben Nyakundi found that the committee’s formation infringed on the constitutional mandate of the Auditor General, contrary to Articles 226(3) and 229.
The judge ruled that CS Duale had no authority to set up such an ad hoc committee, noting that doing so through a Gazette Notice violated both the letter and the spirit of the Constitution.
The case was brought before the court by Nakuru-based doctor Magare Gikenyi, who argued that the CS acted illegally and improperly when forming the panel.
He claimed Duale failed to take into account budgetary and financial compliance, actions which he said amounted to abuse of office and could warrant impeachment.
The now-defunct committee was appointed on March 28 and tasked with reviewing pending medical claims under the former NHIF scheme. It was expected to submit its findings and recommendations within 90 days before any payments could be made.
When he inaugurated the team on April 6, Duale said it would help address delays and questionable payouts made under the previous health insurance program.
The panel was also directed to set clear guidelines for vetting claims, detect fraud, and recommend policies to prevent similar issues in the future.
However, the committee’s work was put on hold in May when Justice Nyakundi issued conservatory orders pending the hearing of Gikenyi’s petition.
Yesterday’s decision effectively ended its existence, marking the final chapter in the short-lived initiative.
