The Eldoret High Court has issued temporary conservatory orders suspending the operations of the National Health Insurance Fund (NHIF) Pending Medical Claims Verification Committee, citing constitutional concerns. The ruling follows a petition filed by Nakuru-based surgeon Dr. Benjamin Magare Gikenyi and three others, who are challenging the legality of the committee.
In the ruling delivered by Justice R. Nyakundi, the court halted the committee’s activities pending the determination of the petition. The orders restrain the committee established through Gazette Notice No. 4069 dated March 28, 2025 from compiling reports, making recommendations, or taking any actions as per its mandate.
“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,” said Justice Nyakundi.
Additionally, the court barred Health Cabinet Secretary Adan Duale, the Principal Secretary, and the Attorney General from facilitating or acting on the Gazette Notice that established the committee.
The petitioners argue that the formation of the committee was arbitrary and lacked both constitutional and legislative backing. They contend that its mandate, which includes auditing NHIF claims between July 2022 and September 2024, overlaps with the constitutional role of the Auditor-General as outlined in Article 229(4)(g) of the Constitution.
They further assert that any audit of NHIF should be conducted only through a formal request by the Cabinet Secretary to the Auditor-General, as required under Article 254(2) of the Constitution and Section 37 of the Public Audit Act.
Justice Nyakundi noted that the petitioners had met the legal threshold necessary for issuing conservatory orders. However, he emphasized that the ruling does not reflect the court’s position on the substantive merits of the case, which remains to be fully heard.
The matter is scheduled for mention on June 2, 2025, when the court will provide further directions.
