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Kenya – the High Court has declined to issue an order to stop the rollout of the new Social Health Authority (SHA), which began today, Tuesday, October 1.
The ruling comes as the SHIF initiative, which aims to streamline Kenya’s Health Care system, is set to move forward despite legal challenges.
In his ruling, Justice Bahati Mwamuye certified a lawsuit filed by Busia Senator Okiya Omtatah as urgent. The petition, which aims to halt the SHA rollout, was filed just a day before the scheduled implementation of the programme.
“After a preliminary review of the Notice of Motion and the constitutional issues raised, I certify the application dated September 30, 2024, as urgent and direct that it be heard on a priority basis,” Justice Mwamuye stated during Tuesday’s ruling.
The legal challenge was filed by Senator Okiya Omtatah, along with activists Eliud Matindi and Dr Magare Gikenyi, who are seeking to invalidate the SHA rollout and stop the government’s contract with the Safaricom Consortium. The petitioners argue that the contract, which grants Safaricom Plc and its partners—Konvergenz Network Solutions and Apeiro Limited—the mandate to provide the Integrated Healthcare Information Technology System for SHIF, should be annulled.
Their petition further called for an immediate conservatory order suspending the Social Health Insurance Fund’s launch on October 1, 2024, until the application and the petition have been fully heard and determined.
However, Justice Mwamuye stopped short of issuing the conservatory order, allowing the SHA rollout to proceed as scheduled. The court, in turn, directed the petitioners to serve the relevant government parties with their legal responses by Friday.
The court also set a mention date for October 9, 2024, when further directions on the case will be given. During this session, the court is expected to consider whether to issue interim orders to halt the SHA or to allow it to continue during the legal proceedings.
This case raises critical questions about the legalities surrounding the government’s health sector reforms and the role of private sector players like Safaricom in delivering public services. The SHA is a key part of President William Ruto’s Health Care agenda, which aims to provide affordable healthcare for all Kenyans.
As the legal battle unfolds, the public and stakeholders will be keenly watching to see how this will impact the future of Kenya’s healthcare system.
