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The National Assembly has convinced the Labour Relations Court to dismiss a Petition challenging enactment of the Social Health Insurance Act and the Digital Health Act 2023.
Lady Justice Anna Mwaure noted that the petition was a duplication of an already ongoing suit before the High Court, raising similar issues.
In its objection to the suit, the National Assembly had argued that the court ran the risk ofΒ subjudiceΒ as all the issues were substantially similar to those raised in Petition E413 of 2023, instituted by the same petitioner before the High Court.
"The petition amounts to forum shopping and abuse of court process, a practice barred by the
law," argued the National Assembly.
The Petition had been filed by one Mr. Dominic Masinya Oreo, against the National Assembly, the Office of the Attorney General and the Cabinet Secretary in the Ministry of Health over the two Laws.
Separately a three judge bench of the High Court has concluded hearing of a different Petition also challenging the Health Laws.
During the hearing, the National Assembly mounted a vigorous defence on the legality of the enactment of the Laws submitting that the new Health Laws have a great benefit to the public.
