NHIF Fiasco: Constructive Tension, Individual Conscience and Access to Information under the Constitution

The nation continues to watch as the National Health Insurance Fund is embroiled in controversy over how a certain Clinix Healthcare Ltd received Sh202 million for treating civil servants, of which Sh91 million went to non-existent or ‘ghost’ clinics. Understandably, everyone is interested in knowing who are the directors and shareholders of Clinix Healthcare Ltd. However there is a larger issue that we must grapple with, that of responsibility. Responsibility here must be seen in two ways: collective and individual. Collective responsibility means that because of the actions of a greedy few within NHIF, both its Board and Management owe Kenyans Sh202 million. By extension, the government through NHIF’s parent ministry: Ministry of Medical Service is also responsible since it failed to regulate, supervise and monitor the goings-on at the embattled health parastatal.

But to many the more pivotal question is that of individual responsibility.

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