The government spent Sh142 million to pay lawyers after following a suit that challenged the implementation of the Social Health Insurance Act, 2023, it has emerged.
The Social Health Authority, billed by government as a game-changer that would streamline healthcare funding and ensure universal access to medical services, found itself in court following a petition filed by Aura Joseph Enock.
Appearing before the Health Committee last week, Medical Services Principal Secretary Harry Kimtai told MPs that the ministry was forced to engage high-profile legal team to mount a formidable legal duel.
In the process, the ministry incurred Sh142.2 million legal fees that it now wants MPs to approve as contained in the supplementary budget.
The proposal is being considered in Parliament.
“We equally need Sh142.2 million to pay external counsels,” Kimtai told the committee chaired by Endebess MP Robert Pukose.
The details come just days after it emerged that the multibillion-shilling system used to manage social health insurance is not controlled by the government but by individuals.
The government however spent Sh104 billion to acquire the system.
Aura had challenged the implementation of Social Health Insurance Act, the Primary Health Act as well as Digital Health Act all of 2023.
The activist argued through lawyer Harrison Kinyanjui that the Social Health Insurance Act 2023 was unconstitutional.
He said the Executive usurped the role of the Parliament when enacting the new law and there was no proper public participation before its enactment.
On July 12, the High Court directed Parliament to conduct more inclusive public participation before enacting the laws and ordered amendments to certain provisions.
The court initially suspended the acts for 45 days.
Kimtai, however, said the state has already appealed against the High Court decision that declared the implementation of the said laws as unconstitutional
The PS also appealed for a further approval of Sh350 million to facilitate foreign travel for himself and Health Cabinet Secretary Deborah Mlongo for the next three months.
He told MPs that the funds are to cater for the foreign travel for the offices of the Cabinet Secretary and Principal Secretary given that Kenya was handed over the chairmanship of the East African Community and thus are required to travel.
The travels, Kimtai explained, is a direction from the Chief of staff and Head of Public staff in a letter dated December 13. In the communication, the CS and PS were directed to participate in all EAC meetings applicable for the health sector yet there was no budgetary provision for this, he said.
“Currently the state department has zero allocation on foreign items to facilitate such kind of attendance. These additional funds will also provide fuel boards, conferences and domestic travel,” Kimtai said.
The PS further disclosed that the department requires an additional Sh6 billion for primary healthcare and the Emergency, Chronic and Critical Illness Fund to enhance the covers provided in the scheme.
In the document tabled in the Committee, the state department is also in need of Sh700 million to implement Presidential Directive Projects.
The projects, include the construction of Ziwa Sub-County Hospital at a cost of Sh287.75 million, Tiret Sub-County Hospital at Sh287.75 million and Kesses Sub-County Hospital at Sh124.5 million “The State Department has received numerous directives from the Office of the President to consider the construction and equipping of health centre and county hospitals across the country,” he said.
