Nairobi — The High Court has suspended operations of the National Hospital Insurance Fund (NHIF) Pending Medical Claims Verification Committee that was to audit Sh33 billion claims pending the hearing of a suit against it.
In a ruling issued by Justice Reuben Nyakundi, the court granted conservatory orders restraining the committee from compiling any reports, issuing recommendations, or undertaking any actions pursuant to the contested Gazette notice.
The orders will remain in force pending the hearing and determination of a petition filed by Dr. Magare Gikenyi and three other petitioners.
"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 the committee from compiling any report, recommendations, or undertaking any actions pursuant to the said Gazette Notice," he ruled.
The ruling also barred the Cabinet Secretary for Health Adan Duale, the Principal Secretary, and the Attorney General from taking any steps in reliance on the Gazette notice or facilitating the operations of the suspended committee.
"Having carefully considered the test for granting conservatory orders, I am satisfied that the petitioners have met the threshold. I emphasize again that this determination in no way prejudges the merits of the main petition, which will be determined after full arguments from all parties," the court noted.
The petitioners inthe case Nakuru surgeon Dr Benjamin Magare Gikenyi and three others argue that the establishment of the committee by the Health Cabinet Secretary lacked a legal or constitutional foundation, terming it an arbitrary decision with no legislative backing.
They claim that the creation of such a body amounted to a "roadside declaration" devoid of statutory authority.
Specifically, they take issue with the committee's mandate to scrutinize and audit NHIF claims dating from July 2022 to September 2024, arguing that this role directly encroaches upon the constitutional mandate of the Auditor-General as provided under Article 229(4)(g) of the Constitution.
