Petition filed to suspend SHA, Digital Health rollout over legality questions

Dzuya Walter
By Dzuya Walter May 07, 2026 04:12 (EAT)
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Petition filed to suspend SHA, Digital Health rollout over legality questions
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A constitutional petition has been filed at the High Court in Kiambu challenging the legality of the Social Health Authority (SHA), digital health systems and public officer medical schemes, with the petitioner alleging that the healthcare financing structures are operating outside the law.

The petition filed by Francis Awino names several government agencies and officials, 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, among others, as respondents.

According to court documents, the petitioner argues that the disputed healthcare financing arrangements allegedly involve insurance-related functions such as premium deductions, claims processing and benefit administration without clear statutory authorisation.

The case also raises concerns over the financial sustainability and legality of the Social Health Insurance Fund framework, with the petitioner seeking conservatory orders to halt the continued implementation and expansion of the systems pending the determination of the case.

Among the orders sought is a declaration that SHA, the Digital Health Authority and other public entities cannot undertake insurance, underwriting or claims settlement functions unless expressly authorised by law.

Justice Bahati Mwamuye directed the petitioner to serve all respondents by May 8, 2026, while responses to the petition and application are expected by May 22, 2026.

The matter will be mentioned on June 9, 2026, for further directions.

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