Petition on SHA legality transferred to Milimani court Human Rights Division

Judge Bahati Mwamuye directed that the matter be transferred to Nairobi after finding that it raises issues that are substantially similar to cases already pending before the Milimani-based Constitutional and Human Rights Division.

The petition was filed by Francis Awino against several government agencies and officials, including the Ministry of Health, the National Treasury, the Social Health Authority, the Digital Health Authority, the Public Service Commission and the Teachers Service Commission.

Awino argues that the healthcare financing structures established under the disputed schemes are allegedly operating outside the law.

He contends that the arrangements involve insurance-related functions such as premium deductions, claims processing and benefit administration without clear statutory authorization.

The petitioner is seeking various constitutional declarations regarding the legality of the healthcare financing framework, digital health systems and medical schemes for public officers.

While issuing directions, Justice Mwamuye noted that the issues raised in the petition touch on the same subject matter as cases currently pending before the Constitutional and Human Rights Division in Milimani.

“Having noted that this matter touches on the same area as the ones pending before the Milimani High Court, this file is hereby transferred to the Milimani High Court Constitutional and Human Rights Division,” the judge directed.

Justice Mwamuye further ordered that upon transfer, the file be placed before the Presiding Judge of the Constitutional and Human Rights Division for further directions.