Activist files case challenging Kenya health funding system in court

Activist Francis Awino has filed a case in the Kiambu High Court challenging the legality of Kenya's new health funding system that includes the Social Health Authority.

Awino argues that activities such as contribution deductions, processing of medical claims and management of member benefits are being carried out without following the law and required transparency.

He states that these operations amount to insurance business and require explicit legal authorization. Parties named in the suit include the Ministry of Health, the National Treasury, SHA, the Digital Health Authority, the Public Service Commission and the Teachers Service Commission.

Justice Bahati Mwamuye has directed all parties to file their documents by May 8, 2026 with responses expected before May 22, 2026. The case is scheduled to be mentioned again on June 9, 2026 for further directions. Awino also seeks orders to suspend implementation of the system until the matter is heard and determined.

संबंधित लेख

Illustration of Constitutional Court judges invalidating key NHI provisions.
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Constitutional Court invalidates key sections of NHI framework

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The Constitutional Court has struck down provisions in the National Health Act that underpinned parts of the proposed National Health Insurance scheme, ruling them unconstitutional.

Health Cabinet Secretary Adan Duale has directed hospitals to refund civil servants charged out-of-pocket fees for services covered by the Social Health Authority. The order was issued on June 10 during the SHA rollout in Nairobi. Facilities violating the rules face suspension.

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Busia Senator Okiya Omtatah has petitioned the Judicial Service Commission to investigate three Court of Appeal judges for delaying written reasons in a ruling on the Kenya-US health cooperation framework.

The Social Health Authority (SHA) has agreed with nine hospitals in India, Turkey, and Saudi Arabia to offer overseas treatment from April 14. Kenyans can claim up to Ksh500,000 for 36 procedures unavailable locally. SHA CEO Mercy Mwangangi announced this on Citizen TV.

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Kenya's Ministry of Health has suspended the tariff-locking mechanism in the Social Health Authority (SHA) system amid complaints from civil servants. Health Cabinet Secretary Aden Duale announced the decision on April 23 to ease access to healthcare services.

Nandi Senator Samson Cherargei tabled a motion in the Senate on May 4, 2026, seeking to audit, reduce, or eliminate state benefits for former President Uhuru Kenyatta over his alleged partisan political involvement, violating retirement laws. The proposal, requiring two-thirds parliamentary support, has sparked backlash from Kenyatta's allies amid ongoing political tensions.

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The Kiambu High Court has directed the National Transport and Safety Authority to keep detailed records of all payments made under its new instant traffic fines system while a petition challenging the system is heard.

 

 

 

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