The Commission on Administrative Justice (CAJ), commonly known as the Office of the Ombudsman, has issued a seven-day ultimatum to the Social Health Authority (SHA) Chief Executive Officer, Robert Ingasira, demanding a response regarding the disbursement of Sh7.3 billion to hospitals. This directive follows a formal review request filed by a Kenyan citizen, Collins Omollo, who cited SHA’s failure to provide the requested information within the statutory timeline outlined in the Access to Information Act, 2016.
The matter arose from a letter dated January 2, 2025, in which SHA confirmed the disbursement of Sh7.3 billion to 5,000 healthcare facilities across Kenya. These funds were allocated between October 1, 2024, and December 31, 2024. A breakdown of the allocations revealed that Sh1.3 billion originated from the Primary Healthcare Fund, while the remaining Sh6 billion was drawn from the Social Health Insurance Fund.
Omollo’s request sought detailed documentation on how the funds were allocated, including a comprehensive list of beneficiary health facilities, the amounts each facility received, and the criteria used for disbursement. Additionally, he requested a breakdown of SHA’s revenue collections over the same period, distinguishing contributions from both the formal and informal sectors.
Under the Access to Information Act, public entities are required to respond to such requests within 21 days. However, SHA’s failure to provide the information within the stipulated time led Omollo to escalate the issue to the Office of the Ombudsman.
In response to the complaint, CAJ invoked Section 22(3) of the Access to Information Act, 2016, compelling SHA to submit an institutional report within seven days. A letter dated February 13, 2025, was sent to SHA, warning that failure to comply could result in further legal action.
“The commission notes that the statutory timelines to process the request for information under Section 9(1) have since lapsed. Therefore, the Commission requests your institutional report within seven days to allow for an appropriate decision on the application,” CAJ stated.
This move is significant as it underscores the importance of transparency and accountability in the management of public funds within Kenya’s healthcare system.
SHA was established to replace the National Health Insurance Fund (NHIF) as part of the government’s strategy to enhance healthcare financing. However, its implementation has faced criticism, with reports suggesting operational inefficiencies, including difficulties in patient verification and disruptions in hospital services.
The lack of transparency in financial disbursements has fueled speculation over possible mismanagement, raising concerns among stakeholders. The Clinical Officers’ Union has previously alleged that cartels from the defunct NHIF are sabotaging SHA’s operations. Moreover, the Health Ministry has cited a Sh43 billion debt inherited from NHIF as a significant factor affecting service delivery in public and private hospitals.
If SHA fails to respond within the seven-day deadline, the Ombudsman may escalate the matter further, potentially recommending disciplinary action or legal proceedings against the agency. Public pressure is also mounting, with healthcare advocacy groups demanding full disclosure of SHA’s financial transactions.
Transparency in healthcare funding is critical in ensuring that resources reach intended beneficiaries and improve service delivery. With the government pushing for universal health coverage, cases of financial opacity threaten to derail efforts to strengthen the healthcare sector.
The Ombudsman’s directive serves as a reminder that public institutions must adhere to legal requirements regarding transparency and accountability. As the deadline approaches, all eyes will be on SHA to see whether it complies with the directive or faces further scrutiny over its financial management practices. The response from SHA will likely shape the public’s confidence in the new healthcare financing model and its ability to address longstanding challenges in the sector.
