IN HONOUR of the President’s pledge to accelerate Kenya’s attainment of Universal Health Coverage (UHC) the Cabinet considered and approved 4 crucial Bills that promote healthcare, for transmission to Parliament. These are:-

1. The Primary HealthCare Bill, 2023;

2. The Digital Health Bill, 2023;

3. The Facility Improvement Financing Bill, 2023; and

4. The Social Health Insurance Bill, 2023.

THE 4 BILLS usher in a paradigm in the legal and institutional framework for healthcare in Kenya by repealing the current NHIF and establishing in its place the 3 following funds:

a. Primary Healthcare Fund;
b. Social Health Insurance Fund; and
c. Emergency, Chronic and Critical Illness Fund.

NHIF has recorded a steady decline in observing its mandate in the recent past. The Kenya Association of Private Hospitals (KAPH) had even banned the use of the NHIF card due to nonpayment by the insurer. This has left many Kenyans in anguish because NHIF is the most popular health insurance in the Country, and is therefore relied upon by a majority of Kenyans. Patients have had to pay in cash or stay untreated. Even as public hospitals still accept the NHIF card as a mode of payment, the insurer only pays for limited services, prompting the patients to seek assistance from private hospitals. It therefore comes as a relief to Kenyans for the Cabinet to repeal the current NHIF. We will be updating the public on the provisions of the Bills as they get published. We hope this information is helpful in understanding the current developments on the repealing of the National Health Insurance Fund and establishing in its place the Primary Healthcare Fund; Social Health Insurance Fund; and Emergency, Chronic and Critical Illness Fund. Please note that the contents of this newsletter are intended to provide a general guide to the subject matter. It should not be relied upon without legal advice on its contents.

Should you require further information or legal assistance on Compliance or any other legal issue, kindly feel free to contact us at,, +254 798 03 580, Nairobi Hub: Parklands, Valley View Business Park, 6th Floor, City Park Drive, Off Limuru Road


Founding Partnerwilliam karoki

Lawyer:Florence Mwende

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