A constitutional petition has been filed at the High Court of Kenya in Kiambu County challenging the legality and constitutionality of healthcare financing systems, employee medical benefit arrangements, and digital health systems implemented by various state agencies.
*Bunge la Mwananchi moves to court over healthcare system*
The petition, filed by Bunge la Mwananchi Chairman Francis Awino, seeks court intervention over healthcare financing structures, employee benefit arrangements, and digital health systems he claims are operating outside statutory authority.
The case raises constitutional questions on the legality of the systems and their implementation across public institutions.
*12 state agencies named in the case*
The petition lists 12 respondents, including senior officials from the Ministries of Public Service, Health, and the National Treasury, as well as the Social Health Authority (SHA) and the Public Service Commission.
Others named include the Teachers Service Commission, National Police Service, Insurance Regulatory Authority, Digital Health Authority, and the Public Service Superannuation Scheme.
Awino argues that the listed institutions are involved in the creation, funding, or administration of the contested systems.
*Court issues filing timelines*
Justice Bahati Mwamuye issued directions setting clear timelines before the matter proceeds for hearing.
The court ordered the petitioner to serve the respondents with the petition, application, and directions by May 8, 2026, and file an affidavit of service by close of business the same day.
“The respondents must file and serve their responses to both the Application and Petition by May 22, 2026,” the court directed.
*Rejoinder and next mention date*
The petitioner may file a rejoinder, if necessary, by May 29, 2026.
The court further directed that the matter be mentioned on June 9, 2026 for confirmation of compliance and further directions.
“The matter is set for mention on June 9, 2026 to confirm compliance and take further directions,” the court stated.
*Constitutional issues raised*
The petition raises constitutional questions touching on public finance, healthcare access, insurance regulation, employee welfare, and institutional accountability, particularly on the implementation of healthcare financing and digital systems alleged to be operating outside the legal framework.
