The Court of Appeal on Wednesday dealt a blow to the government's healthcare plans by declining to lift the suspension of the controversial Social Health Insurance Act 2023.

This leaves Kenyans in limbo as they await the court's final ruling on the law's constitutionality, scheduled for January 19th.

This decision, delivered by a three-judge bench comprising justices Patrick Kiage, Pauline Nyamweya, and Ngenye Macharia, came in response to a plea from Health Cabinet Secretary Susan Nakhumicha.

Justice Kiage firmly stated, "We decline to issue any orders at this point on this appeal pending our ruling on the lengthy submission made by the parties. We will render our ruling on Friday, January 19, 2024."

Senior Counsel Fred Ngatia, representing CS Health Susan Nakhumicha, implored the court during the extended five-hour hearing to consider providing temporary relief. Ngatia underscored the widespread impact on patients nationwide.

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"We are in a lacuna, and please find favour and set aside the orders, let those in hospitals deal with diseases and not be part of this legal battle... it is for the benefit of Kenyans who rely on this national insurance," Ngatia stated.

In the course of the hearing, Ngatia successfully persuaded the judges to lift the blanket order issued by the High Court on November 27, 2023.

He emphasized that the order had severely affected patients seeking treatment, stripping them of their fundamental right to health.

Ngatia highlighted the challenges faced by patients across the country, asserting that the suspension of NHIF operations and the blocking of the succeeding Act by the High Court have left patients unable to obtain pre-authorization for treatment.

The government, with Attorney General Justin Muturi and President William Ruto in support, emphasized the constitutional right of Kenyans to access healthcare.

"We are in a vacuum, and it is hurting patients in the country," the court heard.

However, petitioners, including activist Joseph Enock and the Kenya Medical Practitioners and Dentists Council (KMPDC), vehemently opposed the government's application.

They argued through their lawyer Harrison Kinyanjui, that the Social Health Insurance Act 2023 is unconstitutional, contending that the Executive overstepped Parliament's role in enacting the law.

Kinyanjui emphasized the lack of proper public participation before the law's enactment, deeming its implementation illegitimate.

As the legal battle unfolds, the future of the Social Health Insurance Act 2023 remains uncertain, awaiting a decisive ruling from the Court of Appeal on January 19, 2024.