The implementation of the Social Health Insurance Act has introduced stringent measures, imposing hefty penalties and fines on Kenyans who fail to register for the Social Health Insurance Fund (SHIF). The legislation, signed into law by President William Ruto on October 19, mandates individuals to provide proof of SHIF registration to access government services, including those offered by the 47 county government offices.
The act specifies, "Any person who is registerable as a member under this Act shall produce proof of registration with the Social Health Insurance Fund as a precondition of dealing with or accessing public services from the national government, county government, or national or county government entities."
In addition to individual responsibilities, employers are obligated to remit monthly deductions promptly. Failure to comply with the specified timeline incurs charges, with fines amounting to Ksh1 million. Those found guilty of knowingly making unauthorized deductions face potential imprisonment for up to three years.
The act warns, "Any person who knowingly makes any deduction from the wages of the employee in respect of any contribution which he is liable as a contributing employer to pay under this Act, other than a deduction which he is authorized to make by this Act, commits an offence. They shall be liable, on conviction, to a fine not exceeding Ksh1 million or to imprisonment for a term not exceeding three years, or to both."
Furthermore, individuals making false statements with the intent of obtaining unwarranted benefits may also be subject to a Ksh1 million fine.
Although the act has been signed into law, it is yet to come into force. The Ministry of Health, led by Cabinet Secretary Susan Nakhumicha, is expected to release guidelines regarding the monthly deductions. Reports suggest that employed Kenyans may be required to contribute 2.75% of their salary to the SHIF, in addition to the existing 1.5% contribution to the Housing Fund.