Home Court News A Decision to transfer Police medical insurance from NHIF has been challenged in court.

A Decision to transfer Police medical insurance from NHIF has been challenged in court.

by Robert Guyana

A Nairobi court has directed two petitioners who have challenged a decision to transfer police medical insurance from the National Health Insurance Fund(NHIF) to file and serve Health ministry by January 17,2023.

The two Chrispine Onyango Odhiambo and Henry Shitanda in court document claims that Respondents whose employees are public servants and thus mandatory and statutory contributors to the NHIF have abdicated a well-known medical cover and gone against the law to advertise and issue the tender to private firms.

Through their lawyer Moses Angaya ,They further argue that the respondents do not have the capacity to award the tender to any other provider as Section 15(3) (2A) of the NHIF Act No 1 of 2022 only allows employers other than the National government and County government to seek an exemption
from paying NHIF cover for its employees.

‘….. the award tender MICNG/002/2022-2023 is illegal, has flouted several
procurement requirements under the PPRA act, goes against the spirit of article 43 of
the Constitution of Kenya, was rushed despite protest letter, and was deliberately
crafted and executed in the above manner to enable the sharing of the Ksh
8,699,999,999 of public money among the awarded bidders in collusion with a few
individuals to satisfy the interests of a few people thus going against the spirit of the
Vision 2030 flagship project which aims to provide universal health coverage to all Kenyas,” reads court papers

They argue that under the new cover rules and regulations, police officer risk losing benefits as the private insurers have moved to reduce the
reimbursement from the previously issued Kshs 1,500 per person per visit to between
Kshs 650 and Kshs 1,300 per person per visit thereby effectively looking out most
junior police officers from adequate health and making it very expensive.

They now want the court to stop government from releasing any funds to CIC general insurance,Britam General Insurance Company and Old Mutual General Insurance Kenya
for payment for
services in tender NO. MICNG/002/2022-2023-Provision of medical insurance
coverage for the members of the national police service and the Kenya prisons
service.

They also want the court to stop government from doing any
acts that shall give further effect to the implementation of tender NO.
MICNG/002/2022-2023-Provision of medical insurance coverage for the members
of the national police service and the Kenya prisons service.

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