Shock as Govt Spends Sh142M on Legal Fees While Health Funds Run Dry!
The government has allocated Sh142 million to cover legal expenses related to a court battle over the implementation of the Social Health Insurance Act, 2023.
The Social Health Authority, introduced as a game-changing initiative for healthcare funding and universal medical access, faced legal opposition following a petition by Aura Joseph Enock.
Appearing before the Health Committee, Medical Services Principal Secretary Harry Kimtai revealed that the ministry had to hire top-tier lawyers to mount a strong defense, resulting in the substantial legal costs. The ministry is now requesting parliamentary approval for the funds as part of the ongoing supplementary budget discussions.
“We need Sh142.2 million to settle payments for external legal counsel,” Kimtai informed the committee, chaired by MP Robert Pukose.
This disclosure follows concerns that the multi-billion-shilling system meant for managing social health insurance is privately controlled, despite the government injecting Sh104 billion into its acquisition.
Aura’s petition, filed through lawyer Harrison Kinyanjui, challenged the Social Health Insurance Act, the Primary Health Act, and the Digital Health Act—all enacted in 2023. He argued that the Executive had overstepped its mandate and that the laws were passed without sufficient public participation.
On July 12, the High Court ruled that Parliament must conduct more inclusive public participation before enacting the laws, suspending their implementation for 45 days and ordering amendments to certain provisions. The government has since appealed the ruling.
In addition to legal fees, the PS requested Sh350 million to finance foreign travel for himself and Health Cabinet Secretary Deborah Mlongo over the next three months, citing Kenya’s role as the new East African Community (EAC) chair. The request includes funding for participation in key regional health meetings, fuel costs, conferences, and domestic travel.
Kimtai also urged Parliament to approve an additional Sh6 billion to strengthen primary healthcare and the Emergency, Chronic, and Critical Illness Fund, expanding medical coverage under the scheme.
Documents submitted to the Committee further detail a request for Sh700 million to implement projects directed by the President. These include constructing Ziwa Sub-County Hospital (Sh287.75 million), Tiret Sub-County Hospital (Sh287.75 million), and Kesses Sub-County Hospital (Sh124.5 million).
“The Office of the President has issued multiple directives to fast-track the construction and equipping of health facilities nationwide,” Kimtai stated.
