The Consumers Federation of Kenya (COFEK) has filed a petition at Milimani High Court seeking to suspend the government's newly enforced Mandatory Inbound Travel Health Insurance Programme. The case, supported by Vantage Point Ventures, questions the legality and constitutionality of the programme under the Social Health Insurance Act, 2023.
The regulations, gazetted by Health Cabinet Secretary Aden Duale, require all foreign visitors to Kenya to hold travel health insurance with a minimum cover of US $50,000 (approximately Ksh6.5 million). Coverage includes up to Ksh2.5 million for medical expenses, Ksh3.2 million for emergency medical transport, and Ksh644,000 for repatriation of mortal remains.
According to court documents, the petitioners argue the programme's rollout lacked transparency and fairness. They allege it favours a restricted group of insurers, with Kenya Reinsurance Corporation Limited positioned as the pool manager, and private insurers operating as intermediaries without competitive procurement.
The petition further accuses the Insurance Regulatory Authority (IRA) of exceeding its regulatory mandate by endorsing this structure, and claims the Competition Authority of Kenya failed to investigate alleged anti-competitive practices such as price-fixing and market exclusion.
Additionally, the petition highlights that Vantage Point Ventures had its previously approved insurance product omitted from information submitted to the Ministry of Health, then subjected to repeated re-approval processes before its approval was withdrawn without clear explanation.
COFEK seeks court orders to halt the programme's implementation and demands disclosure of the criteria used to select participating insurers. The matter is scheduled for mention on September 29, 2026, when the court will consider whether to suspend the mandatory travel health insurance pending the constitutional petition's resolution.
