Court nullifies NHIF pending bills committee on data privacy grounds
The court noted that even with anonymized data, verifying the “genuineness” of claims would inevitably require access to identifiable medical records — infringing the right to privacy. - Kenya breaking news | Kenya news today | Capitalfm.co.ke..
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The High Court in Eldoret has invalidated the establishment of the National Health Insurance Fund (NHIF) Pending Medical Claims Verification Committee, citing violations of patients’ right to privacy and a lack of constitutional basis. Justice Reuben Nyakundi declared the committee, set up via Gazette Notice No. 4069 Vol. CXXVII No. 64 of March 28, 2025, "unconstitutional in its entirety."
- The court ruled that accessing identifiable patient records for claim verification breached Article 31 of the Constitution on privacy.
- The Cabinet Secretary lacked the authority to form such an ad hoc committee, according to Justice Reuben Nyakundi.
- The committee, led by James Mariro, was tasked with reviewing claims from July 1, 2022, to September 30, 2024.
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Court Nullifies NHIF Committee; IG Kanja Sued Over Payroll; Malala's Arrest Halted - August 2025
The High Court in Eldoret has invalidated the National Health Insurance Fund (NHIF) Pending Medical Claims Verification Committee, with Justice Reuben Nyakundi declaring it "unconstitutional in its entirety" due to violations of patients' right to privacy. The Sheria Mtaani lobby group has also sued Inspector General of Police, Douglas Kanja, over the alleged unlawful takeover of the police force's payroll management. In another case, the High Court in Kakamega has issued a conservatory order preventing the arrest and prosecution of Democracy for the Citizens Party (DCP) Deputy Leader Cleophas Malala in relation to an alleged illegal helicopter landing.
