NAIROBI, Kenya– The Ministry of Health has affirmed that the 2.75pc statutory health contribution to the Social Health Insurance Fund (SHIF) remains valid and legally enforceable, following a recent High Court decision that declined to suspend it.
Health Cabinet Secretary Aden Duale in a statement, addressed the outcome of Petition E524 of 2024, in which Clarence Eboso had challenged both the data migration from the National Health Insurance Fund (NHIF) to the Social Health Authority (SHA) and the legality of the 2.75pc contribution under the new Social Health Insurance framework.
Justice Enock Mwita, in a ruling delivered on June 13, 2025, struck out the petition, citing ongoing proceedings on similar matters before the Court of Appeal.
“The 2.75pc contribution remains legally in force and is now recognized as tax-deductible under the Tax Laws (Amendment) Act, 2024,”read the statement in part.
The Ministry reassured Kenyans that the SHA continues to operate under existing Universal Health Coverage (UHC) legislation, including the Social Health Insurance Act, the Digital Health Act, and the Primary Health Care Act aimed at promoting equity, financial protection, and access to quality healthcare.
Duale emphasized the government’s commitment to a transparent and citizen-centered transition from NHIF to SHA.
“Data protection and continuity of service remain top priorities throughout this process.”
Likewise, he pledged to continue engaging stakeholders and upholding the role of the judiciary in shaping policy.
