PRESS STATEMENT: KELIN and FIDA-Kenya urge the Ministry of Health to adopt a rights-based approach in health administration

Nairobi, 18th November 2024 – KELIN and FIDA-Kenya, longstanding advocates for health and women’s rights, are deeply concerned about the challenges arising from the transition from the National Health Insurance Fund (NHIF) to the Social Health Insurance Fund (SHIF) under the Social Health Insurance Act, 2023. While Article 43 of Kenya’s Constitution guarantees every person the right to health, including reproductive health, theongoing shift has exposed glaring systemic gaps, negatively affecting access to equitable and affordable care for many Kenyans.

The rollout of SHIF has been plagued by confusion, lack of public awareness, and inadequate health system preparedness. Many Kenyans remain uninformed about changes to healthcare access, with facilities refusing to offer services, patients detained over bills, and chronic illness treatments disrupted. These issues disproportionately impact vulnerable populations, including persons with disabilities, minorities, and those living in poverty.

We urge the Ministry of Health and the Social Health Authority (SHA) to prioritize the development of clear operational guidelines and communication strategies to ensure seamless access to healthcare. Public sensitization campaigns targeting healthcare professionals, facilities, and the public are critical for restoring trust and
transparency.

Pending NHIF claims must be swiftly settled to enable facilities to operate and transition smoothly. This will prevent further out-of-pocket expenses that have left many Kenyans in financial distress. Additionally, urgent clarity is needed regarding critical schemes like Linda Mama and EduAfya, as well as HIV care services, which have been inadequately addressed under the new system.

The ongoing digitalization of health records, while promising, risks excluding marginalized groups due to the digital divide. Inclusive systems must be implemented to ensure no one is left behind. Meanwhile, the SHA should operationalize feedback mechanisms and reimbursement systems for patients forced to make out-of-pocket payments since October.

Emergency care access, as guaranteed under Article 43(2) of the Constitution, must be safeguarded with clear exceptions and extended time limits where necessary.  Furthermore, it is essential to address staffing gaps within the SHA and establish the Social Health Insurance Dispute Resolution Tribunal to resolve grievances
effectively.

The transition to SHIF must align with the principles of Universal Health Coverage—reducing financial barriers, ensuring adequate resources, and protecting the rights of the most vulnerable. We call on the Ministry of Health to act swiftly to resolve these critical issues and reaffirm Kenya’s commitment to the constitutional
right to health.

We believe in a society where every person is treated with dignity and respect as enshrined in the Constitution of Kenya, 2010. The current transitions fall short of this dignity for the people they are meant to serve and we therefore urge the Ministry of Health to take swift action in addressing these critical concerns.

For media enquiries, please Mark Owuor Otieno on owuorm@fidakenya.org OR Call: Tel: 254 202 2604043/4 Mobile: 254-722509760/ 254710607241