Kibaki receives another major blow

The Kenyan DAILY POSTNews06:33

Wednesday July 19, 2012 - President Mwai Kibaki received another major blow on Thursday, after the High Court in Nairobi suspended the National Hospital Insurance Fund (NHIF) caretaker board that he appointed two months ago.

High Court Judge Weldon Korir ruled that the Head of State made the appointments without following the laid down procedure and law.

In a suit filed by Kenya Medical Association (KMA), the association argued 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 NHIF Act also requires that the Chairman of Kenya Medical Association and a nominee from the Kenya National Farmers Union should be appointed to the board.

However, the judge 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,” Justice Korir said

Justice Korir 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.

The case will be heard on July 27.

The Kenyan DAILY POST