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JOSEPH ENOCK AURA
V.
CABINET SECRETARY, MINISTRY OF HEALTH & ORS

(2024) JELR 112340 (SC)

Supreme Court 12 Jul 2024 Kenya
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- The Court declared the Social Health Insurance Fund Act, 2023, Digital Health Act, 2023, and Primary Health Care Act, 2023 unconstitutional and invalid, citing non-compliance with constitutional public participation requirements (Arts 10,

Case Details

Suit Number:CONSTITUTIONAL PETITION E473 OF 2023
Judges:A MABEYA, J., RK LIMO, J. & FG MUGAMBI, J.

JUDGMENT

I: BACKGROUND TO THE PETITION

  1. Article 43(1)(a) of the Constitution of Kenya 2010 (“the Constitution”) provides as follows: -

    “Every person has the right—to the highest attainable standard of health, which includes the right to health care services, including reproductive health care…”

  2. In order to realize the aspirations, set out in the said Article, in October 2023 the Legislature enacted 3 legislations: -

    i. The Primary Health Care Act No. 13 of 2023 (“PHCA”) whose purpose is to provide a framework for the delivery of, access to and management of primary health care and for connected purposes,

    ii. The Digital Health Act No. 15 of 2023 (“DHA”) whose purpose is to provide for the establishment of the Digital Health Agency; to provide a framework for provision of digital health services; to establish a comprehensive integrated digital health information system; and for connected purposes and

    iii. The Social Health Insurance Act No. 16 of 2023 (“SHIA”), whose purpose is to establish th…

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