The Kenyan government has spent Sh142 million on legal fees defending the Social Health Insurance Act (SHIA), 2023, in court, it has emerged. The Social Health Authority (SHA), established to revolutionize healthcare funding and ensure universal medical access, faced legal opposition from activist Aura Joseph Enock.
Appearing before the Health Committee last week, Medical Services Principal Secretary (PS) Harry Kimtai revealed that the Ministry of Health engaged a high-profile legal team to counter the lawsuit. He requested MPs to approve the legal expenses as part of a supplementary budget, which Parliament is currently reviewing.
The lawsuit, filed by lawyer Harrison Kinyanjui on behalf of Enock, argued that SHIA 2023 was unconstitutional. The petition claimed that the Executive overstepped its mandate by enacting the law without adequate public participation and bypassing parliamentary procedures. On July 12, the High Court ruled in favor of the petition, directing Parliament to revise certain provisions and conduct a more inclusive public consultation. The court initially suspended the implementation of the Act for 45 days.
Despite this ruling, Kimtai confirmed that the government has appealed the decision, seeking to reinstate the law.
The legal battle is just one of the financial concerns surrounding the SHA. Reports have surfaced that the system managing social health insurance, acquired for Sh104 billion, is not under government control but instead operated by private individuals. This revelation has raised questions about transparency in healthcare financing.
In addition to legal fees, Kimtai requested Sh350 million for foreign travel expenses for himself and Health Cabinet Secretary Deborah Mlongo over the next three months. He cited Kenya’s new role as chair of the East African Community (EAC) health sector as the reason for increased travel, arguing that no budget had been allocated for these engagements.
Furthermore, the Ministry of Health is seeking Sh6 billion to enhance primary healthcare and emergency treatment funds. It also requires Sh700 million to implement Presidential Directive Projects, including the construction of hospitals in Ziwa, Tiret, and Kesses sub-counties.
As Parliament reviews these financial requests, scrutiny over healthcare spending and transparency in government expenditures continues to grow.
