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{
"id": 1494898,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1494898/?format=api",
"text_counter": 24,
"type": "speech",
"speaker_name": "Sen. Joe Nyutu",
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"content": "Mr. Speaker, Sir, I stand in for Sen. Mandago, the Chairperson of the Committee on Health, where I am a Member. This is a Statement relating to the activities of the Standing Committee on Health, pursuant to Standing Order No.56(1)(a). I rise pursuant to Standing Order No.56(1)(a) to make a Statement relating to a matter for which the Committee is responsible, namely the current state of the nation. As you are aware, the Senate passed a Motion on the current state of the nation on 24th July, 2024. In the resolution, the Senate directed the Committee on Health to urgently engage the relevant stakeholders in order to- (a) Expedite and facilitate public participation in the re-enactment of the Social Health Insurance Act, the Digital Health Act and the Primary Health Care Act, in compliance with the judgment of the High Court Petition No. E-473 of 2023. (b) Engage with the Cabinet Secretary for Health and the Council of Governors (CoGs) with a view to standardize human resource policy for health workers across all counties. Mr. Speaker, Sir, the Petition No. E-473 of 2023 was filed by Mr. Joseph Aura, on his behalf and on behalf of Kenyan citizens, challenging the constitutionality of the Social Health Insurance Act, the Primary Health Act and the Digital Health Act. The respondents to the Petition included the Cabinet Secretary for Ministry of Health, the Social Health Authority (SHA), the National Assembly, the Senate, the CoG, the Attorney General, amongst others. The petitioner argued that Sections 26(5), 27(1)(a), 27(4), 38 and 47(3) of the Social Health Insurance Fund Act, 2023 are inconsistent with the Constitution, therefore, null and void. He further argued that in purporting to confer upon unlicensed, unqualified and arbitrarily appointed community health promoters, the critical responsibility of grassroots primary health care across Kenya's counties, the Primary Health Act, 2023 sabotages the realization by Kenyans of quality health care, pursuant to Article 43(1)(a) of the Constitution of Kenya. The petitioner further argued that the enactment of the Social Health Insurance Act, 2023, the Primary Health Act, 2023 and the Digital Health Act, 2023, were in contravention of the national Government's role in health matters as prescribed in the Fourth Schedule to the Constitution. He added that the entire Social Health Insurance Act, 2023, the entire Digital Health Act, 2023, and the entire Primary Health Act, 2023 are all invalid for lack of effective, tangible, and mandatory public participation as prescribed and required under Article 10(2)(b) and 118(b) of the Constitution of Kenya and are all, therefore, null and void. The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Director, Hansard and AudioServices, Senate."
}