The High Court of Kenya has directed the Ministry of Health Kenya to ensure that all Kenyans can access emergency medical treatment without discrimination, regardless of their employment status or ability to pay. In a ruling delivered by Justice Bahati Mwamuye, the court emphasized that access to emergency healthcare is a constitutional right that must be protected at all times. The judge made it clear that no patient—whether salaried or not—should be turned away in times of urgent medical need.
The court also raised red flags over the implementation of the Social Health Insurance Fund (SHIF), particularly the rollout of the Integrated Health Technology System under the Social Health Authority (SHA). According to the judgment, the rollout process lacked sufficient transparency and did not fully meet constitutional standards of accountability. The court noted that some key procedural safeguards were not clearly demonstrated, raising concerns about how such a large-scale system was implemented.
Justice Mwamuye observed that although the initial rollout fell short of constitutional expectations, the system is already operational and serving millions of Kenyans, making it impractical to halt its implementation entirely.
The court further found that the nationwide rollout was conducted before critical infrastructure was fully established. This, it said, cast doubt on the government’s level of preparedness and adherence to legal requirements. These shortcomings, the judge noted, have implications on fundamental rights, including access to healthcare and the preservation of human dignity.
Despite the concerns, the court declined to nullify SHIF, citing its importance in advancing the country’s universal healthcare agenda. Halting the programme, the judge warned, could disrupt healthcare access for millions of citizens.
Instead, the Ministry of Health has been given 90 days to address the identified gaps. The court ordered the ministry to file a detailed affidavit within the same period, outlining corrective measures and safeguards to guarantee that emergency treatment remains accessible to all.
Lawyer Malidzo Nyawa welcomed the decision, describing it as a major victory for vulnerable and low-income Kenyans who often struggle to access essential healthcare services.
