Muriithi Muriuki
10 December 2004
Nairobi — An attempt to amend the National Social Health Insurance Fund Bill fell on its face.
MPs from both the Government and opposition defeated the Government's attempt to make the fund a voluntary scheme.
The amendment moved by Health Minister Charity Ngilu was defeated by 54 votes to 35. Two members abstained.
The move meant that every Kenyan will be a member of the fund, irrespective of age, economic, health or social status.
And the Bill sailed through the final committee stage but with amendments. It now awaits presidential assent before it becomes law.
Yesterday, tempers were high as MPs opposed the amendments to Section 14 of the Bill, which would have made the scheme voluntary.
Mrs Ngilu had a hard time trying to convince the MPs to accept the amendment, arguing that their concerns would be taken care of in other sections of the Bill.
Mr Otieno Kajwang (Mbita, Narc) opposed the amendment, saying passing it would negate the very spirit of the Bill which is to make the scheme compulsory.
The MP said social insurance could only work if it was compulsory.
"This amendment should be rejected as it is meant to kill the spirit of this Bill," he said.
Mr Jimmy Angwenyi (Kitutu Chache, Ford People) said the main purpose of the Bill was to assist poor Kenyans who could not afford healthcare.
Dr Bonaya Godana (North Horr, Kanu) said the amendment was against the very purpose of the Bill.
The Deputy Opposition leader said making the scheme compulsory would ensure that poor Kenyans were assisted.
But Planning minister Prof Anyang Nyong'o asked MPs to tread with caution, saying the proposed scheme must be workable.
He said as much as MPs wanted the Bill passed, it would be futile to pass legislation that was no workable.
The minister said any expenditure that was to be incurred because of the Bill would have to be determined by the wealth of the nation.
Dr Guracha Galgalo (Moyale, Kanu) said without making the scheme compulsory, it would be a "sham".
"We might as well forget this Bill if we are not going to make it compulsory. It has to be compulsory for all Kenyans and the government has to pay a premium," he said.
Lands and Housing minister Amos Kimunya supported the amendment, saying MPs should be careful not to legislate for compulsory membership.
Mr Kimunya said nobody should be forced to join the scheme, expressing fears that such a decision could be challenged in court as it went against Section 74 of the Constitution which guarantees the freedom of choice.
Mr Jakoyo Midiwo (Gem, Narc) said it was clear in the Bill that every Kenyan shall be a member of the scheme regardless of social status.
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