High Court quashes CS Duale’s NHIF medical claims committee

The High Court in Eldoret has nullified a decision by Health Cabinet Secretary Aden Duale to establish the National Health Insurance Fund (NHIF) Pending Medical Claims Verification Committee, terming it unconstitutional.

Justice Reuben Nyakundi ruled that the creation of the committee through Gazette Notice No. 4069 was in contravention of Article 31 of the Constitution of Kenya, 2010, as read with the Social Health Authority Act.

“The establishment of the NHIF Pending Medical Claims Verification Committee through Gazette Notice No. 4069 has no constitutional or statutory basis and is therefore unconstitutional in its entirety,” Justice Nyakundi said.

The court found that the Cabinet Secretary did not have the mandate under the Constitution or the National Government Coordination Act to form an ad hoc committee of that nature.

Justice Nyakundi issued an order of certiorari quashing the establishment of the committee.