{"count":1608389,"next":"http://info.mzalendo.com/api/v0.1/hansard/entries/?format=json&page=147671","previous":"http://info.mzalendo.com/api/v0.1/hansard/entries/?format=json&page=147669","results":[{"id":1494892,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1494892/?format=json","text_counter":18,"type":"speech","speaker_name":"Sen. Wambua","speaker_title":"","speaker":{"id":13199,"legal_name":"Enoch Kiio Wambua","slug":"enoch-kiio-wambua"},"content":"Thank you, Mr. Speaker, Sir. On my own behalf and on behalf of my colleagues in the Senate of the Republic of Kenya, I take this opportunity to welcome the visiting delegation from the Parliament of Uganda. We take cognizance of the fact that Uganda remains a friendly neighbour; the biggest bilateral trading partner with Kenya. I ask the visiting delegation to feel at home wherever they go and may their visit be fruitful as they undertake their benchmarking. Thank you."},{"id":1494893,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1494893/?format=json","text_counter":19,"type":"speech","speaker_name":"Hon. Kingi","speaker_title":"The Speaker","speaker":null,"content":" Next Order."},{"id":1494894,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1494894/?format=json","text_counter":20,"type":"heading","speaker_name":"","speaker_title":"","speaker":null,"content":"QUESTIONS AND STATEMENTS"},{"id":1494895,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1494895/?format=json","text_counter":21,"type":"speech","speaker_name":"Hon. Kingi","speaker_title":"STATEMENTS The Speaker","speaker":null,"content":" Statement pursuant to Standing Order No.56(1)(a). 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."},{"id":1494896,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1494896/?format=json","text_counter":22,"type":"speech","speaker_name":"Hon. Kingi","speaker_title":"STATEMENTS The Speaker","speaker":null,"content":"The Chairperson Standing Committee on Health, proceed to read your Statement. Is there a Member of that Committee in the House? Sen. Nyutu, you may proceed to present that Statement."},{"id":1494897,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1494897/?format=json","text_counter":23,"type":"heading","speaker_name":"","speaker_title":"","speaker":null,"content":"CURRENT STATE OF THE NATION REGARDING IMPLEMENTATION OF SHA"},{"id":1494898,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1494898/?format=json","text_counter":24,"type":"speech","speaker_name":"Sen. Joe Nyutu","speaker_title":"","speaker":null,"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."},{"id":1494899,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1494899/?format=json","text_counter":25,"type":"speech","speaker_name":"Sen. Joe Nyutu","speaker_title":"","speaker":null,"content":"Mr. Speaker, Sir, the High Court considered the Petition and by a judgment delivered on 12th July, 2024, determined that the Petition was meritorious and made the following orders- (a) That Parliament undertakes sensitisation, adequate, reasonable, sufficient and inclusive public participation in accordance with the Constitution before enacting the said Act and amend the constitutional provisions in terms of this judgment; (b) Compliance with (a) above be undertaken within 120 days of the date of this judgment; (c) Within that period, the Act shall remain suspended; (d) In default of (a) and (b) above, on 10th November, 2024, the following relief shall take effect forthwith- A declaration is hereby issued that the entire Social Health Insurance Act, 2023, the entire Digital Health Act, 2023 and the entire Primary Health Act, 2023 are all unconstitutional for the reasons set out in this judgment, therefore, invalid, null and void. Mr. Speaker, Sir, the respondent applied for stay of judgment to allow them to file an appeal to the Court of Appeal. The High Court subsequently granted a stay of the decision for a period of 45 days but held that the stay would not affect the suspension of Section 26(5) and 27(4) of the Social Health Insurance Act in light of the finding that they were unconstitutional. The Cabinet Secretary, Ministry of Health, being dissatisfied and aggrieved with the judgment of the High Court, lodged a Notice of Appeal dated 23rd July, 2024, evincing her intention to challenge the decision on appeal. The petitioner, Mr. Joseph Enoch Aura, being satisfied with the substantial judgment, decree and orders of the High Court, urged the Court of Appeal to uphold the said judgment and decree and being dissatisfied with only a part of the said judgment, cross-appealed to the Court of Appeal against- (a) the determination that Section 26(5) and 27(4) of the Social Health Fund Act were rational limitations of the rights of Kenyans envisaged under Article 24 of the Constitution; and, (b) the suspension of the High Court decision for 120 days and the stay of execution of the High Court decision for 45 days. The Cabinet Secretary for Ministry of Health filed an application dated 26th July, 2024, seeking an order for stay of execution and of implementation of the judgment of the High Court pending the hearing and determination of the appeal under the provisions of Rules 1(2) and 5(2)(b) of the Court of Appeal Rules. The Cabinet Secretary contended that it is not feasible to enact Statutes that are already enacted and that the High Court has adjudged a standard of public participation that is not within the contemplation of Articles 10 and 118 of the Constitution of Kenya. The Cabinet Secretary further argued that the sensitization of the public, which has been decreed to apply prior to public participation, is akin to civil education which exercise is appropriate in the conduct of a referendum. Mr. Speaker, Sir, the Court of Appeal considered the principles upon which it grants stay, whether the intended appeal must, in the first place, be arguable and a demonstration that the appeal would be rendered nugatory if stay is not granted. The 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."},{"id":1494900,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1494900/?format=json","text_counter":26,"type":"speech","speaker_name":"Sen. Joe Nyutu","speaker_title":"","speaker":null,"content":"Court further considered the public interest element of whether or not it is in the public interest for the stay to be granted. The Court of Appeal considered that the Statutes have been in operation for nine months and that to allow the framework under which the health sector is operating to revert to the old framework with the possibility of it returning back to the current framework, in the event of the appeal succeeding, would put the health sector in a state of flux and uncertainty. The Court of Appeal subsequently granted the stay of judgment of the High Court pending the hearing and determination of the appeal and directed that the file be immediately placed before the President of the Court for directions as to an urgent hearing. To date, no directions have been issued on the hearing and determination of the appeal. The Committee resolved to await the determination of the appeal as the three Acts are currently in effect and are being implemented. Mr. Speaker, Sir, in regard to the second resolution; the standardization of human resources policy for health workers across all counties, the Committee is scheduled to hold a retreat with the Ministry of Health, the Council of Governors (CoG) and the representatives from the medical practitioners, regulatory bodies and unions in order to deliberate on the challenges, if any, facing the implementation of this resolution. The Committee will prepare its report which will be tabled in the House for consideration. Thank you."},{"id":1494901,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1494901/?format=json","text_counter":27,"type":"speech","speaker_name":"Hon. Kingi","speaker_title":"The Speaker","speaker":null,"content":" Next Order."}]}