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Originally published by Capital News
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August 13, 2025
17h ago

Court nullifies NHIF pending bills committee on data privacy grounds

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..

✨ Key Highlights

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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