NAIROBI, Kenya, May 7 – A constitutional petition has been filed at the High Court in Kiambu challenging the legality of Kenya’s new healthcare financing framework, including the Social Health Authority (SHA), digital health systems, and public sector medical schemes.
The petition, filed by Francis Awino, names several respondents including the Ministry of Health, the National Treasury, the Social Health Authority (SHA), the Digital Health Authority, the Public Service Commission, and the Teachers Service Commission.
In the case, the petitioner argues that key functions under the current health financing model—such as premium deductions, claims processing, and benefits administration—are being carried out without clear statutory authority. He contends that these activities amount to insurance operations that must be explicitly backed by law.
The petition further questions the legality and sustainability of the Social Health Insurance Fund framework, arguing that its implementation raises constitutional and legal concerns.
He is seeking conservatory orders to temporarily stop the continued rollout and expansion of the system until the court determines the matter. Among the reliefs sought is a declaration that SHA, the Digital Health Authority, and other public bodies cannot undertake insurance, underwriting, or claims settlement functions unless expressly authorized by law.
Justice Bahati Mwamuye has directed that all respondents be served by May 8, 2026, with responses expected by May 22, 2026.
The case will be mentioned on June 9, 2026 for further directions.
