The High Court has temporarly suspended the operations of a special task force appointed by Health Cabinet Secretary Aden Duale to audit over Sh33 billion in pending medical claims at the National Health Insurance Fund (NHIF). In his rulling Justice Reuben Nyakundi, has issued conservatory orders suspending the operations of the “NHIF Pending Medical Claims Verification Committee” pending the determination of a constitutional petition challenging its legality.

”This court order effectively halts the committee from compiling any reports, issuing recommendations, or taking any further action based on the Gazette Notice that established it. CS Duale, the Ministry of Health, and their representatives are also barred from acting on this notice. The respondents, including key members of the task force, have been given seven days to file their responses to the petition,” stated the rulling.

The petition was filed by Dr. Magare Gikenyi and several activists who argue that CS Duale overstepped his legal authority by forming the committee, infringing on the constitutional mandate of the Auditor-General. They contend that the committee lacks a legal basis and that its mandate to audit NHIF claims encroaches on the Auditor-General’s exclusive authority over public funds. Concerns were also raised about the transparency and merit of the appointment process for the committee members, as well as the potential violation of patient privacy due to non-NHIF employees accessing medical records.

The court directed that all named respondents, including members of the task force led by James Masiro Ojee, Dr Anne Wamae, Catherine Mungania, and 16 others, file their responses within seven days.

The government, through the Attorney General, Dorcas Agik Oduor defended the task force, arguing it is an internal advisory body without too much power and does not infringe on the Auditor-General’s role.

The government now warna that suspending the task force could hinder critical health sector reforms.