Court suspends Kibaki's NHIF board

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PHOTO | NATION The Milimani law courts.  

By ABIUD OCHIENG’ aawiti@ke.nationmedia.com
Posted  Thursday, July 19  2012 at  13:48

The high court has suspended the National Hospital Insurance Fund caretaker board that had been appointed by President Kibaki.

Judge Weldon Korir ruled that the president made the appointments without following the laid down procedure and law.

In their application, Kenya Medical Association (KMA) argue that the President violated the provisions in section 4 of the NHIF Act that require the permanent secretary to the treasury or the representative be appointed to the board.

The act also requires that the chairman of Kenya Medical Association and a nominee from the Kenya National Farmer Union should be appointed to the board.

The Attorney General, who was the respondent in the case, had submitted that a decision has already been made and allowing a stay as had been requested by KMA would amount to allowing the substantive application without hearing the case.

However, Justice Korir ruled that the decision made to appoint the NHIF caretaker board will not prevent the court from issuing a stay order.

“An illegality has been brought to the attention of this court. The President ought to have composed the new board in accordance with NHIF Act section 4. The said section clearly states who should have been appointed member of the board,” said Justice Korir.

He said there was an apparent non-compliance with the provisions of the law and allowed the application that the appointees should be suspended pending the hearing and determination of the case. Case will be heard on 27th July this year.