NHIF rule on marriage affidavits put on hold
National Health Insurance Fund Building in Nairobi. Lawyers have won the first round of a fight against a directive issued by NHIF to disregard affidavits commissioned by advocates as proof of marriage for spouses to benefit from the scheme. FILE PHOTO | NATION MEDIA GROUP
What you need to know:
- LSK had told court that by only accepting affidavits from magistrates, the directive is imposing unnecessary costs and hardship to the public.
- LSK also termed the directive selective, biased, saying it was not subjected to public participation and was informed by an error in the law.
- Until two months ago, couples would obtain affidavits sworn by lawyers and use them as proof of marriage.
Lawyers have won the first round of a fight against a directive issued by the national health insurer to disregard affidavits commissioned by advocates as proof of marriage for spouses to benefit from the scheme.
This is after High Court judge John Mativo issued a temporary order on Tuesday, suspending the directive by the National Hospital Insurance Fund (NHIF) after lawyers filed a suit challenging it.
“Leave is herein granted to operate as stay of the notice directive dated February 22 issued by the NHIF board through its chief executive officer pending the hearing and determination of this case,” said Justice Mativo.
AFFIDAVITS
The Law Society of Kenya (LSK) had told court that by only accepting affidavits from magistrates, the directive is imposing unnecessary costs and hardship to the public.
LSK also termed the directive selective, biased, saying it was not subjected to public participation and was informed by an error in the law.
Through lawyer Paul Ogendi, LSK said there are not enough magistrates spread out across the country to effectively ensure citizens are able to have their affidavits commissioned.
Mr Ogendi told court that the requirement imposes an unnecessary burden on magistrates who already have a duty to ensure that they deliver justice in the courtroom.
MARRIAGE
LSK argued that the directive was an attempt to deprive advocates powers to commission oaths as granted to them under the law.
The society also argued there were more advocates than magistrates, making it logical to have lawyers’ commission affidavits. “The notice fails to take into account the relevant consideration that lawyers have not conferred upon themselves the powers to commission affidavits,” said Mr Ogendi.
Until two months ago, couples would obtain affidavits sworn by lawyers and use them as proof of marriage.
Last year, the Attorney-General issued a directive requiring all customary marriages to be registered, failure to which they would not be recognised under the law.
MISTRESSES
NHIF has said the move is aimed at ensuring men do not present girlfriends, mistresses or even relatives in the place of a spouse to claim benefits.
NHIF is usually open to any Kenyan over the age of 18 years with a monthly income of over Sh1,000.
According to NHIF such an affidavit is not needed during registration but only when one wants to change particulars of a spouse.
The case will now be heard on May 2 when NHIF will have filed its responses.
