A petition challenging the legality of the Social Health Authority (SHA), a flagship health reform under President William Ruto, has been transferred to the Milimani Constitutional and Human Rights Division amid mounting legal and public scrutiny.
Justice Bahati Mwamuye ordered the transfer from the High Court in Kiambu, noting that the issues raised substantially overlap with other ongoing cases already before the Milimani bench dealing with the same healthcare financing framework.
The petition, filed by Francis Awino, names the Ministry of Health, National Treasury, Social Health Authority, Digital Health Authority, Public Service Commission and Teachers Service Commission as respondents.
Awino argues that key components of the SHA system—including premium deductions, claims processing and benefits administration—are being implemented without clear statutory backing. He is seeking constitutional declarations on the legality of the framework and its digital health infrastructure.
The case lands at a time when SHA continues to face intense national debate, with public confidence still divided over its rollout.
Some families and patients have raised concerns over registration delays, unclear benefit packages, and uncertainty on coverage, especially during emergencies. Health facilities have also reported transitional challenges following the shift from the National Health Insurance Fund (NHIF), including claims verification delays and administrative bottlenecks.
Former Deputy President Rigathi Gachagua has been among the most vocal critics, warning that gaps in preparedness and public engagement risk undermining access to healthcare for vulnerable groups. His remarks have amplified political pressure on the rollout, with opposition voices calling for greater transparency and review of the system’s implementation.
On its part, the government maintains that SHA is a cornerstone reform aimed at achieving universal health coverage, improving efficiency, and expanding access to affordable healthcare for all Kenyans, particularly those in the informal sector.
In his ruling, Justice Mwamuye said the matter mirrors others already before the Milimani Constitutional and Human Rights Division, making consolidation necessary to ensure consistent determination of the constitutional questions involved.
“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,” he directed.
The judge further ordered that upon transfer, the file be placed before the Presiding Judge for further directions.
