Busia senator and human rights activist, Okiya Omtatah, alongside Eliud Matindi and Dr. Magare Gikenyi, have filed a petition seeking to stop the launch of the Social Health Insurance Fund (SHIF). The petitioners argue that the fund is being rolled out without the necessary legislative framework in place, raising constitutional concerns.
The SHIF is intended to replace the National Hospital Insurance Fund (NHIF) and form the backbone of Kenya’s Universal Health Coverage (UHC) program. However, the petitioners contend that the subsidiary legislation required to operationalize the Social Health Insurance Act has not yet been enacted, making the fund’s launch legally untenable.
The petition, filed at the High Court, calls for the immediate suspension of the government’s decision to contract the Safaricom Consortium to provide the Integrated Healthcare Information Technology System. The consortium includes Safaricom Plc, Konvergenz Network Solutions, and Apeiro Limited. The activists raise alarm over the lack of transparency in the selection process and the absence of a solid legal foundation to support the move.
“We are deeply concerned that the government is pushing forward with this major healthcare initiative without first ensuring that the appropriate legal mechanisms are in place,” Omtatah says. “Without the necessary legislation, implementing the SHIF is not only unconstitutional but also reckless, especially when it involves public funds.”
The petitioners are also asking the court to quash the contract awarded to the Safaricom Consortium, citing concerns over the lack of public consultation and the potential for misuse of taxpayer money. They question why such a large contract—vital to the success of UHC—was awarded without sufficient legislative backing or scrutiny from Parliament.
Omtatah and his co-petitioners hope the court will intervene. They argue that failing to stop the SHIF launch would not only violate the Constitution but also set a dangerous precedent for the implementation of future government projects.
The court is expected to hear the case in the coming days, and if the judges rule in favor of the petitioners, the SHIF launch could be halted.
The government is yet to issue a formal response to the petition, though insiders suggest that the Ministry of Health is keen to proceed with the launch despite the legal hurdles.
