A constitutional petition challenging the legality of the Social Health Authority (SHA), digital health systems and medical schemes for public officers has been transferred from the High Court in Kiambu to the Constitutional and Human Rights Division of the High Court at Milimani.
Justice Bahati Mwamuye ordered the transfer after finding that the issues raised in the case are substantially similar to matters already pending before the Milimani-based Constitutional and Human Rights Division.
The petition was filed by Francis Awino against several state agencies and officials, 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.
In the petition, Awino challenges the legal foundation of the healthcare financing framework established under the disputed schemes, arguing that some of the arrangements are allegedly operating without clear statutory backing.
He contends that functions associated with insurance operations, including premium deductions, claims processing and benefit administration, are being undertaken without sufficient legal authorization.
The petitioner is seeking a number of constitutional declarations concerning the legality of the Social Health Authority, digital health systems and healthcare schemes available to public officers.
While issuing directions in the matter, Justice Mwamuye observed that the questions raised in the petition overlap with issues currently under consideration in cases pending before the Constitutional and Human Rights Division in Nairobi.
“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 directed.
The judge further ordered that upon transfer, the court file be placed before the Presiding Judge of the Constitutional and Human Rights Division for further directions on the way forward.
The transfer means that the petition will now be considered alongside other ongoing constitutional challenges touching on SHA and related healthcare reforms before the Nairobi-based court.
