[2024] KEHC 8429 (KLR)
The court found that the National Hospital Insurance Fund Act, which formed the basis of the petition, had been repealed in its entirety by Section 24 of the Social Health Insurance Fund Act, 2023. As a result, the statutory provisions whose constitutional validity was being challenged no longer existed in law. The...
Source-derived case information.
- Citation
- [2024] KEHC 8429 (KLR)
- Parties
- Applicant: Patnic Insurance Agency; Respondent: National Health Insurance Fund Management; Respondent: Cabinet Secretary Ministry Of Health; Respondent: Attorney General; Respondent: National Assembly; Respondent: Senate
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Constitutional Petition E015 of 2022
- Procedural Posture
- Constitutional Petition / Ruling on Mootness and Dismissal
- Outcome
- petition struck out as moot
- Judges
- DO Chepkwony
- Legal Topics
- Repeal of Statute, Mootness, Constitutional Validity of Legislation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Patnic Insurance Agency
Applicant
National Health Insurance Fund Management
Respondent
Cabinet Secretary Ministry Of Health
Respondent
Attorney General
Respondent
National Assembly
Respondent
Senate
Respondent
Procedural Posture
Constitutional Petition / Ruling on Mootness and Dismissal
Legal Issues
- 1 Whether the repeal of the National Hospital Insurance Fund Act rendered the constitutional petition moot.
- 2 Whether the court can proceed to determine the constitutional validity of statutory provisions that no longer exist.
Ratio Decidendi
The court found that the National Hospital Insurance Fund Act, which formed the basis of the petition, had been repealed in its entirety by Section 24 of the Social Health Insurance Fund Act, 2023. As a result, the statutory provisions whose constitutional validity was being challenged no longer existed in law. The court held that it could not proceed to determine the constitutionality of provisions that had been repealed, as the petition had been rendered moot and there was no longer any live controversy for adjudication. The absence of the petitioner at recent mentions further indicated a lack of interest in prosecuting the matter. Accordingly, the petition was struck out for being moot...
Court Disposition
petition struck out as moot
Orders
- The petition is struck out for being moot and having been overtaken by events.
Full Case Text
Judgment text and source record
29 paragraphs
Patnic Insurance Agency v National Health Insurance Fund Management & 4 others (Constitutional Petition E015 of 2022) [2024] KEHC 8429 (KLR) (10 July 2024) (Ruling)
Neutral citation: [2024] KEHC 8429 (KLR)
Republic of Kenya
In the High Court at Kiambu
Constitutional Petition E015 of 2022
DO Chepkwony, J
July 10, 2024
Between
Patnic Insurance Agency
Petitioner
and
The National Health Insurance Fund Management
1st Respondent
Cabinet Secretary Ministry Of Health
2nd Respondent
Attorney General
3rd Respondent
National Assembly
4th Respondent
Senate
5th Respondent
Ruling
1. This the matter came up for Mention on 26th June, 2024 and there was no representation on the part of the Petitioner, Mr. Mbogo Counsel for the 1st Respondent then stated that it would be difficult to proceed with the Petition for the reason that it has been overtaken by events since the NHIF Board is no longer in existence and the law upon which the Petition is based has since been repealed.
2. According to the 1st Respondent, the Petitioners were challenging the amendments that were done to the National Hospital Insurance Fund Act No. 9 of 1998 more specifically the amendment of Sections 15,22 and 23 of the Act. He submitted that by dint of Section 24 of the Social Health Insurance Fund Act the NHIF Act was repealed in its entirety and as such, it is no longer in existence. He argues that since Social Health Insurance Fund Act came into operation under Gazette Notice No. 194of 20th November 2023, the substance of the petition is no longer in existence and thus he same should be struck out.
3. Ms Akona who was holding brief for Mr. Mwendwa, counsel for the 4th Respondent’s reiterated the sentiments of the 1st Respondent’s counsel and argued that since the NHIF Act was repealed by the Social Health Insurance Fund Act, the Petition had been rendered moot. She further argued that the Petitioner’s Counsel has not been present in court for the past two mentions hence they must be aware of the status of the Petition and is therefore no longer interested in having the Petition prosecuted. She has urged that the Petition be dismissed for being moot.
4. Ms Mukele, Counsel for the 5th Respondent concurred with the sentiments of his colleagues and sought for the Petition to be dismissed since it had
been overtaken by events.Analysis and Determination 5. On the face of the Petition, the Petitioner is questioning the Constitutional validity of Sections 15, 22 and 23 of the National Health Insurance Fund (Amendment) Act No. 9 of 1998.
6. However, the court confirms the claim by counsel for 1st Respondent under Section 24 of the Social Health Insurance Act of 2023, the National Hospital Insurance Act was repealed in its entirety, and the said Social Health Insurance Fund came into operation vide gazette Notice No.194 of 2023. Given that the law is no longer in existence, under which the Petition is premised, the Petition cannot survive and the same is therefore struck out for being moot.
It is so ordered.RULING DATED, SIGNED AND DELIVERED AT KIAMBU VIAELECTRONIC MAIL THIS …10TH…DAY OF ….JULY.…, 2024. D. O. CHEPKWONYJUDGE3