NAIROBI, Kenya Jun 10 – A legal challenge contesting the legality of the Social Health Authority (SHA), digital health infrastructure and medical schemes for public officers will now be heard by the Constitutional and Human Rights Division of the High Court in Nairobi after the case was transferred from Kiambu.
Justice Bahati Mwamuye ordered the transfer after determining that the petition raises constitutional questions similar to matters already pending before the Milimani-based court division.
The petition was filed by Francis Awino against multiple state agencies and public institutions, among them the Ministry of Health, National Treasury, Social Health Authority, Digital Health Authority, Public Service Commission and the Teachers Service Commission.
Awino argues that the current healthcare financing framework and digital health systems are being implemented without sufficient legal backing.
In the petition, he claims that the disputed structures are carrying out functions commonly associated with insurance operations, including deduction of premiums, management of benefits and processing of claims, despite lacking explicit statutory authority.
The petitioner is seeking constitutional declarations on the validity and legality of the healthcare financing model, the digital health system and medical cover arrangements for public servants.
While issuing directions, Justice Mwamuye observed that the issues raised overlap with constitutional matters already under consideration by the Constitutional and Human Rights Division at Milimani.
The judge ruled that the matter should therefore be handled alongside similar petitions already before the Nairobi court to ensure consistency in the determination of constitutional issues surrounding the health schemes.
Justice Mwamuye further directed that once the file is transferred, it should immediately be placed before the Presiding Judge of the Constitutional and Human Rights Division for further instructions and case management directions.
