By Andrew Kariuki

The High Court in Kiambu has issued directions in a constitutional petition challenging the legality and implementation of healthcare financing systems, employee medical benefit arrangements and digital health platforms being used across public institutions.

The petition was filed by Bunge la Mwananchi Chairman Francis Awino, who is seeking court intervention over what he describes as healthcare financing and digital systems allegedly operating outside statutory authority.

According to the court documents, the petition raises constitutional questions touching on public finance, healthcare access, insurance regulation, employee welfare and institutional accountability.

Awino argues that several state agencies are involved in the creation, funding, implementation or administration of the contested systems.

The case names 12 respondents, including senior officials and institutions linked to the health and public service sectors.

Among those listed are the Ministry of Health, Ministry of Public Service, National Treasury, Social Health Authority (SHA), Public Service Commission, Teachers Service Commission (TSC), National Police Service (NPS), Insurance Regulatory Authority (IRA), Digital Health Authority and the Public Service Superannuation Scheme.

In directions issued by Justice Bahati Mwamuye, the court ordered the petitioner to serve all respondents with the petition, application and court directions by May 8, 2026 and file an affidavit of service the same day.

“The respondents must file and serve their responses to both the Application and Petition by May 22, 2026,” the court directed.

The court further allowed the petitioner to file a rejoinder, if necessary, by May 29, 2026.

“The matter is set for mention on June 9, 2026 to confirm compliance and take further directions,” the judge stated.

The petition now sets the stage for a potentially significant legal battle over the structure, regulation and management of Kenya’s evolving healthcare financing and digital health systems.