Busia Senator Okiya Omtatah has moved to court to halt the planned rollout of the Social Health Insurance Fund (SHIF), scheduled for
October 1, 2024.
Omtatah is requesting the court to issue a conservatory order to suspend the fund’s implementation pending the inter partes hearing and determination of his application.
In his petition, Omtatah also seeks a temporary order of prohibition against the Health Cabinet Secretary, her Principal Secretary, the Attorney General, and Safaricom.
This order would prevent them, or any of their employees or agents, from proceeding with any actions related to the rollout of the SHIF until the legal issues raised in his petition are resolved.
Omtatah argues that the necessary legislative frameworks to support the SHIF are not in place and raises concerns over the legitimacy of the contract between the Government of Kenya and the Safaricom Consortium, alleging potential misconduct and fraud.
In a petition filed with the High Court under a Certificate of Urgency, Omtatah, alongside activists Eliud Matindi and Magare Gikenyi, seeks to suspend the initiative, citing concerns over legislative gaps and allegations of fraud related to the government’s contract with the Safaricom Consortium.
The petitioners argue that the absence of necessary subsidiary legislation to operationalize the Social Health Insurance Act makes the implementation of SHIF unconstitutional.
They are calling for the court to quash these regulations, which they claim are being misused to facilitate the fund’s rollout.
In addition to challenging the regulations, Omtatah and his co-petitioners are seeking to annul the government’s agreement with the Safaricom Consortium, which includes Safaricom Plc, Konvergenz Network Solutions Limited, and Apeiro Limited.
This consortium is tasked with providing the Integrated Healthcare Information Technology System for Universal Health Care (UHC) under Tender No. MOH/SDMS/ADM/SPPP/005/2023-2024.
The petitioners allege that they possess documents revealing a fraudulent scheme involving corrupt practices by government officials and members of the consortium.
These documents reportedly illustrate how the contract could siphon significant funds from the SHIF and the Consolidated Fund, particularly in situations where contributions to the fund are inadequate.
Furthermore, the petitioners assert that, despite the consortium’s portrayal as an investor, it will not inject any real financial resources into the Kenyan economy.
Instead, they argue, the consortium comprises primarily software vendors who will retain full rights to their product, including the ability to resell it to third parties while charging Kenyans for its usage.
Omtatah emphasizes that the contract is not only unlawful but also lacks proper justification, arguing that the responsibility for implementing the Integrated Healthcare Information Technology System should rest with the Digital Health Agency established under the Digital Health Act (No. 15 of 2023).
The case raises critical concerns about the integrity of the contracting process and the potential for misuse of public funds, spotlighting broader implications for universal healthcare in Kenya.
The petitioners urge the court to act swiftly in light of the serious allegations of fraud and mismanagement surrounding the SHIF rollout, advocating for the protection of public resources and accountability in healthcare financing.
 scheduled to October 1 and to quash the contract between the Government of Kenya (GoK) and the Safaricom Consortium){kind=link}