Aura v Cabinet Secretary, Ministry of Health & 11 others; Kenya Medical Practitioners & Dentist Council & another (Interested Parties) (Constitutional Petition E473 of 2023) [2024] KEHC 8436 (KLR) (Constitutional and Human Rights) (12 July 2024) (Ruling) Neutral citation: [2024] KEHC 8436 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NAIROBI (MILIMANI LAW COURTS) CONSTITUTIONAL AND HUMAN RIGHTS CONSTITUTIONAL PETITION E473 OF 2023 A MABEYA, RK LIMO & FG MUGAMBI, JJ JULY 12, 2024 IN THE MATTER OF ARTICLES 165 (3) (B) & (D), 258(1) (A) & (C) OF THE CONSTITUTION OF KENYA AND IN THE MATTER OF ALLEGED CONTRAVENTION OF VARIOUS ARTICLES OF THE CONSTITUTION OF KENYA AND IN THE MATTER OF THE SOCIAL HEALTH INSURANCE ACT AND IN THE MATTER OF THE DIGITAL HEALTH ACT AND IN THE MATTER OF THE PRIMARY HEALTH CARE ACT AND IN THE MATTER OF THE HEALTH ACT BETWEEN JOSEPH ENOCK AURA ........................................................................ PETITIONER AND CABINET SECRETARY, MINISTRY OF HEALTH ................... 1ST RESPONDENT CABINET SECRETARY, MINISTRY OF INFORMATION, COMMUNICATION & DIGITAL ECONOMY IN KENYA .......................................... 2ND RESPONDENT SOCIAL HEALTH AUTHORITY ................................................ 3RD RESPONDENT https://new.kenyalaw.org/akn/ke/judgment/kehc/2024/8436/eng@2024-07-12 1
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COMMISSION ON REVENUE ALLOCATION ........................ 4TH RESPONDENT NATIONAL ASSEMBLY OF KENYA .......................................... 5TH RESPONDENT THE SENATE ................................................................................. 6TH RESPONDENT COUNCIL OF GOVERNORS ...................................................... 7TH RESPONDENT THE ATTORNEY-GENERAL ...................................................... 8TH RESPONDENT OFFICE OF THE DATA PROTECTION COMMISSIONER ... 9TH RESPONDENT CLINICAL OFFICERS COUNCIL OF KENYA ....................... 10TH RESPONDENT HEALTH RECORDS & INFORMATION MANAGERS ........ 11TH RESPONDENT ATTORNEY-GENERAL ............................................................. 12TH RESPONDENT AND KENYA MEDICAL PRACTITIONERS & DENTIST COUNCIL .... INTERESTED PARTY KENYA MEDICAL ASSOCIATION ...................................... INTERESTED PARTY RULING 1. We have considered the application for stay of the suspension of the impugned Acts. We have also considered the submissions in opposition by the petitioner. 2. We appreciate the concerns raised by the respondents with the order for suspension. We have also appreciated that the suspension may create a lacuna on matters health in this country even as parties seek to comply with our judgment. It is for that reason that we are inclined to allow a temporary stay of the suspension for 45 days as requested. 3. However, the stay granted shall not affect the suspension of sections 26 (5) and 27 (4) of SHIA in light of our finding on their unconstitutionality. It is so ordered. DATED, SIGNED AND DELIVERED IN NAIROBITHIS 12TH DAY OF JULY, 2024. …………………………… ALFRED MABEYA JUDGE …………………………… ROBERT LIMO JUDGE …………………………… DR. FREDA MUGAMBI JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2024/8436/eng@2024-07-12 2
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