The High Court has directed the Ministry of Health to ensure that no Kenyan is denied emergency medical treatment, reaffirming access to healthcare as a constitutional right.
In a judgment delivered by Justice Bahati Mwamuye, the court made it clear that all patients must receive emergency care regardless of their employment status or ability to pay. The ruling comes amid growing concerns over the implementation of the Social Health Insurance Fund (SHIF), which has been under scrutiny since its rollout.
Justice Mwamuye raised concerns about irregularities in the introduction of the Integrated Health Technology System (IHTS), a key component of the Social Health Authority (SHA). The court pointed to gaps in transparency and questioned whether due process was followed in implementing a project of such national importance.
“The manner in which the system was initially implemented fell short of the reasonableness demanded by the Constitution,” the judge noted, adding that safeguards required for such a programme were not sufficiently demonstrated.
The court further observed that the nationwide rollout of the system was carried out before the necessary infrastructure was fully established. This, it said, raised serious questions about preparedness and compliance with legal requirements.
Despite these concerns, the court declined to suspend the SHIF programme, noting that it is already operational and serves millions of Kenyans. Halting the system, the judge said, could disrupt access to critical health services for a large section of the population.
Instead, the Ministry of Health has been given 90 days to address the identified shortcomings and file a comprehensive report outlining corrective measures. These include putting in place safeguards to ensure that emergency treatment is accessible to all Kenyans without discrimination.
The ruling also emphasised the State’s constitutional obligation to uphold the right to health and human dignity, warning that any failure to do so would amount to a violation of fundamental rights.
Legal experts have welcomed the decision, terming it a significant step towards protecting vulnerable and low-income Kenyans who often struggle to access timely medical care.
The judgment now places pressure on the government to urgently fix the gaps in the health system while ensuring that no patient is turned away in times of medical emergency.
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