Lead image for Billions at Stake as Kenya's Mandatory Visitor Health Insurance Faces Legal Challenge.
Kenya’s plan to require foreign visitors to have mandatory health insurance worth at least 50,000 US dollars has triggered legal and accountability concerns, with questions emerging over how billions of shillings collected under the scheme will be managed and whether the framework complies with Kenya’s health and data protection laws.
The controversy follows Gazette Notice No. 11492, issued by Health Cabinet Secretary Aden Duale, requiring foreign nationals entering Kenya for stays of less than 12 months to obtain a valid travel health insurance policy linked to the country’s Electronic Travel Authorisation (eTA) system.
The policy, whose minimum cover is equivalent to more than Sh6 million, is intended to ensure foreign visitors can meet the cost of healthcare during their stay. However, lawyers and health-sector stakeholders are questioning the legal foundation and administration of the scheme.
In a legal advisory, Onindo Onindo & Associates has warned that the directive could face a judicial challenge, citing concerns over statutory compliance and the authority of agencies involved in implementing the insurance requirement.
The lawyers argue that the Department of Immigration Services does not have the mandate to design health insurance benefit structures, while any system handling personal health information must meet requirements under Kenya’s digital health and data protection laws.
The concerns come at a sensitive time for Kenya’s healthcare financing system, as the government continues to transition millions of Kenyans to the Social Health Authority (SHA) and strengthen mechanisms for financing primary, emergency and critical healthcare.
At the center of the debate is whether funds generated from foreign visitors’ mandatory health insurance should be channeled through public health financing structures or remain within private insurance arrangements.