On 12th July 2024, the High Court in Nairobi issued a judgement that the Social Health Insurance Act 2023, Primary Health Care Act 2023 and the Digital Health Act 2023 are unconstitutional for lack of adequate public participation in the law making process and for violation of constitutional provisions.
The Court ordered Parliament to undertake sensitization and ensure proper public participation before enacting the laws and amend the unconstitutional provisions according to the Court’s judgement within 120 days.
The Court’s decision emphasizes that public participation must be qualitative and quantitative. The Court also set the bare minimum standards and requirements for meaningful public participation in the law-making process to include proper sensitization, sufficient notice, access to information, inclusivity, transparency, integrity, consideration of public views and explanation for rejected views.