Omtatah tells court universal healthcare must be funded through taxation, not mandatory contributions

Busia County Senator Okiya Omtatah has told the High Court that universal health care should be funded directly through taxation, arguing that it is the constitutional duty of the government to ensure access to health services without imposing additional levies on citizens.

Omtatah contends that the Social Health Insurance Fund (SHIF) and the Social Health Authority (SHA) contravene the Constitution, noting that Kenyans are being compelled to make direct contributions despite already paying taxes.

He argued that the government has unlawfully introduced a system that amounts to double taxation.

The lawmaker further questioned the payment schedule, stating that official documents show loan repayments commencing six months after approval, in February 2025, instead of August 2024 as earlier indicated. Omtatah described this discrepancy as fraudulent, arguing that the figures presented to the public were misleading.

Omtatah also faulted the legislative process, stating that the amendments underpinning the new health financing framework were never subjected to Senate approval.

As a result, he argued, the Finance Act lacked the authority to introduce the new scheme, rendering the entire framework unconstitutional. “No rights can hang on an illegal process,” he told the court.

The Senator added that the government had violated the principle of legitimate expectation, having previously assured Kenyans that health care reforms would not impose additional financial burdens.

He maintained that forcing workers to make mandatory contributions violates the right to accessible, adequate, and affordable health care, amounting to a breach of public policy.

The petitioners further argued that the transition to the new system was marred by data protection violations, with personal information allegedly transferred without adequate safeguards or consent.

In their final submissions, petitioners led by Omtatah, Nakuru-based surgeon Dr Benjamin Agare, and activist Eliud Matindi urged Justice Bahati Mwamuye to declare the SHIF and SHA unconstitutional, citing violations of constitutional procedure, workers’ rights, and data protection laws.