Kenya: Court Declines to Suspend 2% SHA Claims Deduction Over Filing Defect
[Capital FM] Nairobi -- The High Court in Vihiga has declined to issue interim orders suspending a 2 percent HIMS System Utilization Fee deducted from claims payable to healthcare providers under the Social Health Authority (SHA), citing a missing supporting affidavit in the application.
Nairobi — The High Court in Vihiga has decided not to grant interim orders suspending a 2 percent HIMS System Utilization Fee imposed on claims paid to healthcare providers under the Social Health Authority (SHA). The court cited the absence of a supporting affidavit in the application, stating that it could not consider the petitioners' request for conservatory orders.
Dr Magare Gikenyi Benjamin and Eliud Matindi, leading the petitioners, challenged the deduction and sought to halt it pending the hearing and resolution of their case. The petitioners argued that the 2 percent fee lacked legal or statutory foundation and public participation, and raised concerns over the use of healthcare providers' funds and patient data.
They also sought orders compelling the respondents to cease the deduction and refund money already taken from healthcare providers. However, Justice R. Nyakundi ruled that the dispute encompassed disputed facts, such as the fee's introduction, legal backing, the role of Finsprint Limited, the amounts deducted, and the alleged harm to healthcare providers.
The court required the petitioners to submit a supporting affidavit, along with all relevant documents, within seven days. The matter was set to be heard again on August 18 to confirm compliance and provide further guidance on the application and petition.
Written by urgent.news from AllAfrica Health's reporting — not their text. Machine-written — may contain errors; check the original before relying on it.
