NAIROBI, Kenya — The High Court has transferred a constitutional petition challenging the legality of the Social Health Authority (SHA), digital health systems, and medical schemes for public officers from Kiambu to the Constitutional and Human Rights Division of the High Court at Milimani.
Justice Bahati Mwamuye ordered the transfer after finding that the issues raised in the case substantially overlap with matters already pending before the Constitutional and Human Rights Division in Nairobi.
The petition was filed by Francis Awino against several government institutions, including the Ministry of Health, the National Treasury, the Social Health Authority, the Digital Health Agency, the Public Service Commission, and the Teachers Service Commission.
Petition Questions Legal Foundation
In the suit, Awino challenges the legal basis of Kenya’s evolving healthcare financing framework, particularly arrangements established under SHA and related digital health systems.
According to court documents, the petitioner argues that some of the healthcare financing and insurance-related functions are allegedly being implemented without adequate statutory authorization.
The petition contends that activities such as premium deductions, claims processing, and benefit administration may be occurring without a sufficiently clear legal framework.
Awino is seeking several constitutional declarations regarding the legality and operational structure of SHA, digital health platforms, and healthcare schemes available to public officers.
Court Notes Similar Constitutional Questions
While issuing directions, Justice Mwamuye observed that the matters raised in the petition mirror legal questions currently under consideration in other cases before the Constitutional and Human Rights Division in Nairobi.
“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.
The court further ordered that once transferred, the file should be placed before the Presiding Judge of the Constitutional and Human Rights Division for directions on case management and further proceedings.
Consolidation of Health Reform Litigation
The transfer is expected to place the petition alongside several ongoing constitutional challenges relating to the implementation of healthcare reforms under the government’s new health financing framework.
The move reflects the judiciary’s preference for having related constitutional matters handled within the same division to promote consistency in legal interpretation and avoid conflicting decisions.
The case now awaits directions from the Presiding Judge of the Constitutional and Human Rights Division regarding the next stage of proceedings.
