https://www.businessdailyafrica.com/bd/corporate/companies/court-orders-suspension-of-nhif-pending-bills-verification-team-5040196

On 28 March 2025, the new Cabinet Secretary for Health, Aden Duale, appointed a 19 member committee to scrutinize and audit claims under the NHIF. This Committee was required to submit their findings to the Ministry of Health, despite the fact that beginning October 2024, the Social Health Authority had taken over the functions of NHIF.

Earlier today, the High Court issued a conservatory order and declared the Committee unconstitutional. This is because the assignment of such a mandate to the Committee would be in contravention of the Social Health Insurance Act, which assigns this responsibility to the Auditor General.

Sections 41 (2) & (3) of the Social Health Insurance Act requires the Board of the Authority to submit to the Auditor General, its accounts, statement of income and expenditure and the statement of the assets and liabilities, on the last day of the year. Accounts of the Authority are also public funds and hence ought to be audited in accordance with the provisions of the Public Finance Management Act and the Public Audit Act.

Therefore, since any pending claims are liabilities of the Social Health Authority, the function of conducting audit over them sits squarely with the Auditor General.