A constitutional petition has been filed at the High Court seeking to stop the two per cent Health Information Management System fee deducted from claims that healthcare providers submit through the Social Health Authority.
The case was brought by Nakuru-based surgeon Dr Magare Gikenyi Benjamin, Busia Senator Okiya Omtatah and Eliud Matindi, who argue the deduction is unconstitutional, illegal and amounts to double taxation, Capital FM reports. They want conservatory orders halting the fee until the case is heard and decided.
The petitioners say the levy rests on no legislation at all. “The 2010 Constitution architecture does not allow government to do business with its own people except through taxes and charges which are all consolidated together, budgeted and appropriated,” the petition states.
They also want the respondents and their agents barred from enforcing any letter, circular, gazette notice or directive authorising the deduction from claims processed under SHA or any related digital health platform.
Dr Gikenyi says he first noticed the deductions on 8 April 2026 while working at an SHA-accredited facility, and wrote on 1 July to the Social Health Authority, the Digital Health Authority, the Ministry of Health and the National Treasury asking for the legal basis. He says none of them explained. The petition argues no law authorising the levy has been identified, and that it is unclear how the money is administered or accounted for.
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Source: Capital FM
