A new constitutional petition lodged at the High Court of Kenya in Kiambu is putting the spotlight on Kenya’s evolving healthcare financing structures. The case questions the legal standing of key institutions, including the Social Health Authority (SHA), and raises concerns over how public health schemes are being managed.
The petition, filed by Francis Awino, names several government bodies as respondents. Among those listed are the Ministry of Health Kenya, the National Treasury Kenya, the Social Health Authority, the Digital Health Authority Kenya, the Public Service Commission Kenya, and the Teachers Service Commission Kenya. The petitioner argues that these entities are involved in healthcare financing arrangements that may not be fully grounded in law.
According to court filings, the case challenges whether the institutions are legally permitted to carry out functions typically associated with insurance. These include collecting premiums, processing claims, and administering benefits. The petition claims that such activities are being undertaken without clear statutory backing, raising questions about compliance with existing legal frameworks governing insurance and public finance.
Beyond legality, the petition also casts doubt on the financial sustainability of the Social Health Insurance Fund model. It argues that the current setup may expose public resources to risk if not properly regulated and anchored in law. As part of the case, the petitioner is seeking conservatory orders to temporarily halt the rollout and expansion of the disputed systems until the court delivers its final determination.
Among the key prayers is a declaration that the Social Health Authority, the Digital Health Authority, and other public bodies cannot engage in insurance-related roles—such as underwriting or claims settlement—without explicit legal authorisation.
Presiding over the matter, Bahati Mwamuye directed that all respondents be served with the petition by May 8, 2026. Responses to both the petition and the application are expected to be filed by May 22, 2026. The case could have far-reaching implications for Kenya’s healthcare system, particularly at a time when reforms are being rolled out to expand coverage and improve access. The court’s decision will likely shape how healthcare financing structures are designed and implemented moving forward.
