SHA legal challenge moved to Nairobi as court cites similar pending cases

SHA legal challenge moved to Nairobi as court cites similar pending cases

Justice Bahati Mwamuye directed that the case be moved to Nairobi, noting that the issues raised are substantially similar to matters already pending before the Constitutional and Human Rights Division of the High Court.

A constitutional petition questioning the legality of the Social Health Authority (SHA), digital health systems, and medical schemes for public officers will now be heard in Nairobi after the High Court in Kiambu ordered the matter transferred to the Constitutional and Human Rights Division at Milimani.
Justice Bahati Mwamuye directed that the case be moved to Nairobi, noting that the issues raised are substantially similar to matters already pending before the Constitutional and Human Rights Division of the High Court.
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.
Awino is challenging the legal framework underpinning the country's healthcare financing system, arguing that the disputed schemes are allegedly carrying out insurance-related functions without clear legal authority.
According to court documents, the petitioner contends that activities such as premium deductions, claims processing, and benefit administration are being undertaken outside the scope of existing statutory provisions.
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He is seeking a series of constitutional declarations on the legality of the healthcare financing structure, the operation of digital health systems, and the management of medical schemes for public officers.
In his ruling, Justice Mwamuye observed that the petition raises issues already before the Constitutional and Human Rights Division and should therefore be handled alongside related proceedings.
"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 ruled.
The court further directed that once the file is transmitted to Nairobi, it should be placed before the Presiding Judge of the Constitutional and Human Rights Division for further directions on the hearing and determination of the case.
The transfer is expected to facilitate coordinated handling of legal challenges surrounding the implementation of the government's healthcare reforms and related digital health initiatives.

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