The Eldoret High Court has put a temporary stop to the operations of the National Health Insurance Fund (NHIF) Pending Medical Claims Verification Committee, following a constitutional petition questioning its legality.
In a ruling delivered by Justice R. Nyakundi, the court issued conservatory orders suspending the committee’s activities.
The orders block the committee — which was established through Gazette Notice No. 4069, Vol. CXXVII—No. 64 dated March 28, 2025 — from compiling reports, making recommendations, or taking any action as outlined in the notice.
These restrictions will remain in place until the court hears and determines the petition.
“Pending the hearing and determination of this Petition, a conservatory order is hereby issued suspending the operation of the NHIF Pending Medical Claims Verification Committee… and restraining it from compiling any report, recommendations, or undertaking any actions pursuant to the said Gazette Notice,” ruled Justice Nyakundi.
Additionally, the court barred Health Cabinet Secretary Adan Duale, the Principal Secretary, and the Attorney General from supporting the committee’s work or implementing the gazette notice in any way.
Justice Nyakundi noted that the petitioners had met the legal threshold for the issuance of conservatory orders but clarified that this interim ruling does not reflect the court’s final position on the petition’s merits.
“This determination in no way prejudges the merits of the main petition, which will be decided after full arguments from all parties,” he emphasized.
The petition was filed by Nakuru-based surgeon Dr. Benjamin Magare Gikenyi alongside three others. They argue that the committee’s formation by the Health CS was unconstitutional and lacked legal foundation.
The committee was tasked with auditing NHIF medical claims made between July 2022 and September 2024 — a mandate the petitioners claim unlawfully overlaps the constitutional role of the Auditor-General under Article 229(4)(g) of the Constitution.
Additionally, the court also expressed concern that allowing the committee to proceed with its work before resolving the legal questions raised could leave little room for practical remedies if the petition succeeds.
The petitioners further contend that any legitimate audit of NHIF operations should be conducted through a formal request to the Auditor-General as outlined in Article 254(2) of the Constitution and Section 37 of the Public Audit Act.
The case is scheduled for mention on June 2, 2025.
UHC Workers Protest at Afya House
In related health sector developments, healthcare workers under the Universal Health Coverage (UHC) program staged demonstrations on Monday outside the Ministry of Health headquarters in Nairobi.
Waving the national flag and blowing vuvuzelas, the striking health workers marched to Afya House, blocking the road leading to the office of Cabinet Secretary Adan Duale as they demanded a meeting with him.
The workers — including nurses, clinical officers, public health officers, laboratory technicians, and community health assistants — have been on strike since February.
Their grievances include delays in contract renewals, salary inequalities, and the failure to transition long-serving staff with over five years of service to permanent and pensionable (PnP) terms.
In March, the group twice petitioned Parliament, appealing to the Senate for swift intervention.
At the start of April, CS Duale promised to resolve the longstanding concerns within three weeks, but the workers say no meaningful progress has been made.
The national government has since announced plans to transfer UHC staff payrolls to county governments starting July 1, a move that has added to the workers’ apprehensions over job security and employment terms.
