A constitutional petition challenging the legality of the Social Health Authority (SHA), digital health systems, and public officers’ medical schemes has been transferred from the High Court in Kiambu to the Constitutional and Human Rights Division of the High Court at Milimani in Nairobi.
Justice Bahati Mwamuye directed that the matter be moved to Nairobi after finding that it raises issues substantially similar to cases already pending before the same division at Milimani.
The petition, filed by Francis Awino, names several respondents including the Ministry of Health, the National Treasury, the Social Health Authority, the Digital Health Authority, the Public Service Commission, and the Teachers Service Commission.
Awino argues that the current healthcare financing structures under the contested schemes are operating outside the law. He claims the systems involve insurance-related functions such as premium deductions, claims processing, and benefit administration without clear statutory backing.
The petitioner is seeking constitutional declarations on the legality of the healthcare financing framework, the digital health infrastructure, and medical schemes for public officers.
In his directions, Justice Mwamuye noted that the issues raised overlap with other ongoing matters before the Constitutional and Human Rights Division at Milimani.
“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 ruled.
He further ordered that once transferred, the file be placed before the Presiding Judge of the division for further directions.
The case adds to a growing number of legal challenges targeting Kenya’s new healthcare financing architecture, which continues to face scrutiny in court alongside implementation efforts by government agencies.
