Three petitioners, including consultant surgeon Dr Magare Gikenyi and Busia Senator Okiya Omtatah, have filed a constitutional petition at the High Court in Vihiga seeking to suspend a 2% deduction from healthcare providers’ payments by the Social Health Authority (SHA).
The contested deduction, labelled as a Health Information Management System (HIMS) utilisation fee, is alleged to be illegal and unconstitutional. The petitioners argue that the fee lacks any legislative or parliamentary approval and was introduced without public participation, amounting to double taxation.
Key Allegations in the Petition
- The deduction has no legal foundation or statutory authority.
- It violates Articles 209 and 210 of the Constitution concerning lawful taxation.
- The levy reduces payments to healthcare providers unfairly and compromises patient data privacy by involving an unknown private entity.
- The fee undermines constitutional principles on public finance, transparency, and accountability.
- It amounts to economic discrimination and infringes on the right to health and fair administrative action.
Dr Gikenyi discovered the deductions in April 2026 while reviewing claims at an SHA-accredited facility. Despite seeking clarification from government agencies, no justification was provided for the fee.
The petitioners are requesting the court to issue conservatory orders to immediately suspend the 2% HIMS fee deduction pending the final hearing. They also seek an order preventing the respondents—including SHA, Finsprint Limited, several government ministries, and agencies—from enforcing the levy through any administrative means.
They warn that continuing to implement the deduction will result in loss of public funds, erode public confidence, and perpetuate constitutional violations.
