

A new constitutional petition has been filed at Kiambu High Court seeking to stop the operations and expansion of the Social Health Authority (SHA), digital health systems and public officer medical schemes, claiming the structures are operating outside the law.
The petition, lodged by Francis Awino, names several state agencies and top government offices, including the Ministry of Health, the National Treasury, the Social Health Authority (SHA), the Digital Health Authority, the Public Service Commission and the Teachers Service Commission.
In the court filings, the petitioner argues that the healthcare financing models are allegedly carrying out insurance-related functions such as premium deductions, claims processing and benefit administration without explicit legal backing.
The case further questions the legality and long-term sustainability of the Social Health Insurance Fund framework. The petitioner is now seeking conservatory orders to suspend the implementation and rollout of the contested systems until the matter is fully heard and determined.
Among the key orders being sought is a declaration barring SHA, the Digital Health Authority and other public entities from conducting insurance, underwriting or claims settlement functions unless specifically permitted under the law.
Justice Bahati Mwamuye directed the petitioner to serve all respondents by May 8, 2026. Responses to both the petition and the application are expected by May 22, 2026.
The case will be mentioned on June 9, 2026, for further directions.