The Ministry of Health has said the 2.75 per cent Social
Health Authority contribution is still in effect.
This follows a High Court decision to strike out a petition
challenging the rollout of the Social Health Insurance Fund (SHIF).
In a statement, Health CS Aden Duale said they acknowledge
the High Court’s decision in the petition challenging the SHA rollout.
“This Petition challenged the transition of data from the
National Health Insurance Fund (NHIF) to SHA, as well as the statutory 2.75 per
cent contribution to SHIF,” he said.
“The Court, recognising that the core issues raised in the
petition are already under active consideration by the Court of Appeal,
declined to issue any orders and struck out the petition.”
The CS assured Kenyans that the 2.75 per cent contribution
remains legally in force and is now recognised as tax-deductible under the Tax
Laws (Amendment) Act, 2024.
He said SHA continues to operate within the legal framework
provided by the Universal Health Coverage laws, the Social Health Insurance Act,
the Digital Health Act and the Primary Health Care Act of which are
designed to uphold equity, financial protection, and access to quality health
services for all Kenyans.
“We remain committed to a transparent, rights-based, and
citizen-centred transition from NHIF to the SHA system. Data protection and
continuity of service remain top priorities throughout this process,” Duale
added.
He said that SHA acknowledges the important role of the
courts in shaping public administration and policy.
“We continue to engage stakeholders across sectors as we
implement a more inclusive, accountable, and future-ready national health
insurance framework. We invite all Kenyans to walk with us on this journey
toward a healthier, more secure future.”
On Monday, June 23, 2025, Justice Chacha Mwita
ruled that the petition, filed by four doctors led by Doctor Clarence Eboso
Mweresa, could not proceed due to ongoing cases at the Court of Appeal and the
High Court that touch on similar issues.
The judge found that the matter was “subjudice”, which means
it involved issues already pending before courts of competent jurisdiction.
“The issues raised in this petition are already pending
before the Court of Appeal and in Petition E513 of 2024. Proceeding to
determine them now would risk conflicting decisions and render this court’s
findings academic. For that reason, the petition is struck out,” Justice Mwita
ruled.
The petitioners had sought to declare mandatory registration
and contribution to the SHIF unconstitutional, arguing that the SHIA violated
fundamental rights, including privacy, equality, and protection of private
property.
They also raised concerns over a 2.75 per cent deduction on
gross income for all Kenyans, employed and unemployed alike, and the automatic
transfer of personal data from the defunct NHIF without consent.