Three petitioners led by consultant surgeon Dr. Magare Gikenyi and Busia Senator Okiya Omtatah have filed a constitutional petition at the High Court in Vihiga seeking to halt the deduction of a 2 per cent Health Information Management System (HIMS) utilisation fee from payments made by the Social Health Authority (SHA) to healthcare providers.
The petition names the Social Health Authority (SHA), Finsprint Limited, the Cabinet Secretaries for Health and the National Treasury, the Principal Secretary for Medical Services, the Digital Health Agency, the Kenya Revenue Authority (KRA), the Attorney General and other government agencies as respondents.
The petitioners argue that the HIMS utilisation fee has no legal or constitutional basis, describing it as an unlawful levy that amounts to double taxation.
They are asking the court to issue conservatory orders suspending the deductions pending the hearing and determination of the case.
They also want the court to prohibit the implementation or enforcement of the levy through any circular, gazette notice or administrative directive.
According to court filings, Dr. Gikenyi discovered the deductions on April 8, 2026, while reviewing claims submitted by an SHA-accredited health facility.
He says he subsequently sought clarification from the relevant government agencies on the legal basis of the deductions but did not receive any response.
The petitioners maintain that the levy was introduced without enabling legislation, parliamentary approval or public participation, making it unconstitutional.
They further contend that the deductions violate Articles 209 and 210 of the Constitution by imposing an unauthorised charge outside the country’s legal framework for taxation.
In addition, the petition alleges that the deductions expose patients’ personal information to an unidentified private entity, undermine transparency and accountability in public finance, and reduce payments owed to healthcare providers.
The applicants also argue that the deductions amount to economic discrimination and infringe on the constitutional rights to health and fair administrative action.
The petitioners are asking the High Court to declare the 2 per cent HIMS utilisation fee unconstitutional, null and void, warning that its continued implementation could result in the loss of public funds, erode public confidence in the health system and perpetuate constitutional violations unless the court intervenes.
