High Court Quashes Duale’s NHIF Claims Committee, Terms It Unconstitutional
“The powers exercised were used for a purpose different from that envisaged by the law. This was a void decision from its inception and, from the standpoint of the Constitution, it has no legal effect,” Justice Nyakundi”
Justice Reuben Nyakundi of the Eldoret High Court
The High Court in Eldoret has nullified the establishment of Health Cabinet Secretary Aden Duale’s NHIF Pending Medical Claims Verification Committee, declaring it unconstitutional and devoid of any legal foundation.
In a judgment delivered by Justice Reuben Nyakundi, the court ruled that the committee—formed through Gazette Notice No. 4069 of March 28, 2025—lacked constitutional or statutory authority. The judge stressed that the Cabinet Secretary had no powers under the Constitution or the National Government Coordination Act to set up such an ad hoc body.
“The powers exercised were used for a purpose different from that envisaged by the law. This was a void decision from its inception and, from the standpoint of the Constitution, it has no legal effect,” Justice Nyakundi said.
The court further noted that creating the committee without prior budgetary provision risked disrupting other essential ministry expenditures amid the country’s challenging economic climate.
“Ad hoc decisions with financial implications, which are not budgeted for, can adversely affect other planned expenditures within a ministry. The implications of this omission cannot be underestimated,” the judge added.
The petition—filed by Dr. Benjamin Magare Gikenyi, Eliud Matindi, Dishon Mogire, and Philemon Nyakundi—argued that the move bypassed constitutionally mandated oversight bodies such as the Office of the Auditor-General and the Directorate of Internal Audit.
Dr. Gikenyi also warned that the process risked exposing confidential patient data, potentially violating Kenya’s data protection laws and Digital Health Authority provisions. The court agreed, warning that the committee’s operations could undermine privacy and patients’ rights.
Justice Nyakundi underscored that the verification of pending NHIF claims falls squarely under existing statutory institutions, not politically appointed ad hoc committees.
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