Court Declares 2024 SHA Rollout Unconstitutional, Orders Reforms Within 90 Days

The High Court has declared the 2024 rollout of the Social Health Authority (SHA) unconstitutional.

In a ruling delivered by Justice Mwamuye on March 19, 2026, the judge cited legal and procedural irregularities in the implementation of the programme.

The court found that the rollout violated the rights to health and human dignity. However, the Court opted not to suspend the programme to prevent disruption of essential health services.

Court Declares 2024 SHA Rollout Unconstitutional

Instead, it further directed the government to undertake necessary reforms to align the programme with the Constitution within 90 days.

The judge raised concerns about irregularities surrounding the Social Health Insurance Fund (SHIF), especially the Integrated Health Technology System (IHTS), pointing to limited transparency and insufficient justification for the project.

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The court found that both the procurement and rollout processes did not meet constitutional requirements, particularly on accountability and openness expected in major public initiatives.

“The manner in which the system was initially implemented fell short of the reasonableness demanded by the Constitution,” Justice Mwamuye stated in the ruling.

Origin of the Case

The case was filed by activists, including Senator Okiya Omtatah and Nakuru-based doctor Magare Gikenyi, who questioned the legality of the SHA rollout and warned it could affect access to healthcare.

Busia Senator Okiya Omtatah has been a major critic and legal challenger of Kenya’s Social Health Authority (SHA).

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In 2024, Omtatah, along with co-petitioners such as Eliud Karanja Matindi and Dr. Benjamin Magare Gikenyi, filed a High Court petition seeking to halt the SHA/SHIF rollout.

They argued that the rollout was unconstitutional due to:

• Lack of the required subsidiary legislation to operationalise the Acts
• Violations of constitutional procedures, public participation, workers’ rights, and data protection
• Claims that mandatory deductions are unlawful, arguing that healthcare should be funded through taxes rather than compulsory levies

The High Court declined to issue interim orders to stop the rollout. Justice Bahati Mwamuye ruled against granting conservatory orders, allowing implementation to proceed as the case continued.

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A court hammer shared by DPP for illustrations purposes. PHOTO/DPP.