Just four months after its creation, the High Court has nullified the National Health Insurance Fund (NHIF) pending claims verification committee.
The court found that the formation of the committee was unconstitutional as it usurped powers meant for the independent office of the Auditor General contrary to the constitution.
While delivering the ruling, Justice Ruben Nyakundi found that in this case, Health CS Aden Duale had no powers to form an Ad Hoc committee.
court strikes down CS Duale’s NHIF pending claims verification body. Photo: Courtesy.
This meant that the formation of the special NHIF committee through a Gazette Notice had breached the spirit and letter of the Constitution.
The Health CS had announced the format of the committee earlier in the year to address the backlog of unsettled medical claims.
In a statement issued on March 29, Duale said the committee would be chaired by James Masiro Ojee, alongside Vice-Chairperson Dr. Anne Wamae and 17 members.
According to the CS, their primary task was to scrutinize all pending claims accumulated between July 1, 2022, and September 30, 2024.
The committee would also evaluate the legitimacy of the claims, ensuring that genuine submissions are settled while fraudulent or irregular ones are flagged for appropriate action.
