NHIF Pending Bills Committee has no legal basis, High Court rules

The ruling follows a petition filed by four individuals, among them Nakuru-based surgeon Dr. Benjamin Gikenyi, challenging the legality of the committee appointed to audit pending NHIF claims.

In his judgment, Justice R. Nyakundi held that the committee—constituted through Gazette Notice No. 4069 Vol. CXXVII No. 64 of March 28, 2025—contravened Article 31 of the Constitution, read alongside the Social Health Authority Act. The court found that neither the Constitution nor the Act provided for the creation of such a body.

“There was no legal basis for the establishment of the committee. The transitional provisions of the Social Health Insurance Act do not provide for the formation of any committees to establish the liabilities of the NHIF,” Justice Nyakundi stated.

The judge further ruled that the Health Cabinet Secretary had no authority under the Constitution or the National Government Coordination Act to empanel an ad hoc committee of this nature. He said its creation violated both the letter and spirit of the Constitution, noting that its powers were used for purposes outside the scope envisioned by law.

Consequently, the court issued an order of certiorari quashing the committee’s establishment, terming it “a void decision, invalid from its inception, and from the standpoint of the Constitution, without legal effect.”

While acknowledging that the Cabinet Secretary may have acted in good faith, Justice Nyakundi noted that the decision sidestepped existing constitutional oversight bodies such as the Directorate of Internal Audit and the Office of the Auditor-General, which are mandated to safeguard public funds.