Court puts on hold NHIF affidavit rule on spouses

Boda boda riders register for NHIF cards during an activation drive in Meru town. PHOTO | phobe okall 

By GALGALLO FAYO

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Summary

• LSK said restricting the affidavits to magistrates denied its members the right to make a living by charging commissioning fees and that it is against public interest.
• Advocates who commission affidavits charge between Sh500 and Sh5,000 while those by magistrates are usually charged at a standard rate of Sh75 and the amount is paid to a bank.
• The affidavits are usually stamped at registries in courts and then taken to magistrates for signing.

National Hospital Insurance Fund (NHIF) members can now use affidavits commissioned by advocates as a proof of marriage, securing a first round victory to lawyers.

This is after the High Court suspended the fund’s directive to only recognise affidavits issued by magistrates, prompting a suit from Law Society of Kenya (LSK) who earn from issuing the documents.

“That the leave herein granted shall operate as a stay of the notice/directive dated February 22, 2018 issued by the 1st respondent (NHIF)…pending the hearing and determination of the judicial review proceedings or further orders of this court,” reads an order issued by Justice John Mativo.

LSK said restricting the affidavits to magistrates denied its members the right to make a living by charging commissioning fees and that it is against public interest.

Advocates who commission affidavits charge between Sh500 and Sh5,000 while those by magistrates are usually charged at a standard rate of Sh75 and the amount is paid to a bank. The affidavits are usually stamped at registries in courts and then taken to magistrates for signing.

While announcing the changes in February, NHIF said it was seeking to ensure men do not present girlfriends, mistresses or even relatives in the place of their spouses for the insurance coverage.

READ: LSK sues NHIF over rejection of advocates marriage affidavits

According to NHIF’s chief executive Geoffrey Mwangi, such an affidavit is not needed during registration but only when one wants to change the list of beneficiaries.

In the documents filed in court, LSK alleged that the country does not have enough magistrates to cover all applications.

LSK also added that the requirement imposes an unnecessary burden upon magistrates who already have a duty to ensure that they deliver justice in the courtroom.

LSK is seeking an order of declaration that “the NHIF’s stand that it shall only accept affidavits of proof of marriage commissioned by magistrates and reject those commissioned by advocates is unlawful and contrary to… Oaths and Statutory Declarations Act.”