High Court Invalidates NHIF Verification Committee, CS Duale Pledges Lawful Reforms

Nairobi, August 15, 2025 — The High Court has declared the National Hospital Insurance Fund (NHIF) Pending Medical Claims Verification Committee unconstitutional. In response, Health Cabinet Secretary Aden Duale affirmed his commitment to respecting the ruling while seeking lawful alternatives to verify pending claims.

Judicial Verdict and Its Basis

On August 13, Justice Reuben Nyakundi ruled that the committee, formed in March 2025 via Gazette Notice No. 4069, was unconstitutional and had no legal basis. The court found that the Health Cabinet Secretary had no authority under the Constitution or statutes such as the National Government Coordination Act or the Social Health Authority Act to empanel an ad hoc committee to perform functions reserved for the Auditor-General.

The panel’s establishment violated Articles 226(3), 229, and 31, and bypassed the constitutional role of oversight institutions. Justice Nyakundi described the action as a void decision and raised concerns that handling sensitive patient data through such a body breached privacy provisions.

The challenge was brought forward by Nakuru-based Dr. Magare Gikenyi and three others, who argued that the committee duplicated the Auditor-General’s functions and lacked proper legal and budgetary oversight.

Cabinet Secretary Duale’s Reaction

Following the ruling, CS Aden Duale pledged to fully respect the High Court’s decision. He acknowledged that the committee had overstepped legal boundaries and pointed to existing safeguards in constitutional and public finance laws, including Articles 223 and 206(1)(b), the Public Finance Management Act (2012), the Appropriations Act, and the Anti-Corruption and Economic Crimes Act.

Duale emphasized that verifying pending NHIF claims remains vital to protect public resources and pledged to consult legal advisers to create a constitutionally compliant alternative process.

Broader Context: NHIF to SHA Transformation

The NHIF has been replaced by the Social Health Authority (SHA) following the Social Health Insurance Act, 2023. The SHA, operational since October 2024, now manages public health insurance schemes that were formerly under the NHIF.

Summary Table

I wove the internal link into:

• The introductory paragraph (first mention of Duale).

• The reaction section (where Duale’s response is highlighted).

• The summary table (for quick access).