Dr Magare Gikenyi Benjamin, alongside litigant Eliud Karanja Matindi and Busia Senator Okiya Omtatah, has filed a petition at the High Court in Vihiga seeking to suspend the deduction of an alleged 2% fee from healthcare providers’ claims submitted through the Social Health Authority (SHA) system.

The applicants challenge the legality, transparency, and implementation of the so-called HIMS System Utilisation fee, which they claim is deducted without clear statutory backing.

Concerns Raised Over Fee Deduction

  • Dr Magare first identified the 2% deduction on April 8, 2026, during his work at an accredited facility.
  • The petitioners argue that no legislation or official notice authorises this charge.
  • They also question the role of the Digital Health Authority in relation to the fee.
  • Despite a formal request for clarification on July 1, 2026, no satisfactory explanation has been provided.

Legal and Financial Accountability Issues

The petition highlights the absence of a clear framework detailing how the deducted funds are budgeted, appropriated, or accounted for. There are also concerns about whether public participation preceded the fee’s introduction, raising questions about procedural compliance.

"There is no clear road map where the 2% HIMS System Utilisation fee goes and how it's budgeted and appropriated," the petition states. The applicants emphasize the need for adherence to constitutional provisions, citing Articles 209 and 210, which govern public finance management.

Relief Sought from the Court

  • Immediate suspension of any decision or instrument authorising the 2% deduction.
  • A halt to the charging or collection of the fee pending the petition’s hearing.
  • Prohibition of respondents from implementing or enforcing the fee.
  • Certification of the case as urgent with expedited timelines for responses and submissions.

The petitioners argue that Kenya’s current economic challenges exacerbate the financial strain on healthcare providers and Kenyans generally, making urgent judicial intervention necessary to prevent unlawful deductions.