High Court Halts NHIF Claims Committee Over Constitutional Concerns
The petition challenging the committee’s formation was filed by Nakuru-based surgeon Dr. Benjamin Magare Gikenyi and three others.
Health Cabinet Secretary Aden Duale. Photo/Daily Nation.
By Juliet Jerotich
The High Court in Eldoret has suspended the operations of the National Health Insurance Fund (NHIF) Pending Medical Claims Verification Committee, citing constitutional concerns over its establishment.
Justice Reuben Nyakundi issued conservatory orders on Tuesday, restraining the committee—formed through Gazette Notice No. 4069 dated March 28, 2025—from compiling reports, issuing recommendations, or undertaking any actions as outlined in the notice.
The court also barred Health Cabinet Secretary Aden Duale, the Principal Secretary, and the Attorney General from facilitating the committee’s operations based on the contested notice.
The petition challenging the committee’s formation was filed by Nakuru-based surgeon Dr. Benjamin Magare Gikenyi and three others.
They argue that the Health CS lacked the constitutional authority to establish such a body, contending that the committee’s mandate to audit NHIF claims from July 2022 to September 2024 infringes upon the exclusive role of the Auditor-General as stipulated in Article 229(4)(g) of the Constitution.
The petitioners further assert that any legitimate audit of NHIF should be initiated 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 emphasized that the conservatory orders are interim measures pending the full hearing and determination of the petition. He noted that the petitioners had met the legal threshold for such orders, highlighting the potential risk of the committee completing its mandate before the constitutional questions are resolved.
The matter is scheduled for mention on June 2, 2025.The NHIF Pending Medical Claims Verification Committee was tasked with scrutinizing and analyzing pending medical claims amounting to over KSh33 billion, accumulated between July 2022 and September 2024.
Its mandate included establishing criteria for examining claims, identifying fraudulent submissions, and recommending policy reforms to prevent future accumulation of pending claims.
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