High Court Petition Challenges Mandatory Travel Health Insurance for Foreign Visitors

Two residents from Marsabit County have filed a constitutional petition at the High Court seeking to halt the enforcement of a government policy requiring all foreign visitors to Kenya to have mandatory travel health insurance.

The petitioners, Edow Issack Mohammed and Zhulekha Mohamed Edin, have challenged Gazette Notice No. 11492 dated July 30, 2026, which introduces compulsory inbound travel health insurance under the Social Health Insurance Act and related 2024 regulations.

The petition names several respondents, including the Ministry of Interior, Directorate of Immigration Services, Health Cabinet Secretary Aden Duale, Directorate of Medical Services, and the Attorney General.

Key Concerns Raised

• Lack of clarity and conflicting provisions: Petitioners argue that while the Gazette notice mandates insurance from licensed Kenyan insurers, a subsequent government clarification allows use of foreign insurance policies, creating confusion.
• Unauthorized powers: The policy delegates insurance verification powers to immigration officers, which the petitioners say legally belong to the Insurance Regulatory Authority (IRA).
• Opaque insurer approval process: Criteria for approving insurers under this policy remain undisclosed and unlawful according to the petition.
• Privacy issues: The requirement to upload personal data via the Kenya Electronic Travel Authorisation system lacks clear data protection safeguards.

The petitioners contend that the regulation of insurance business is exclusively under IRA's mandate and the Gazette notice unlawfully attempts to extend powers beyond the legal framework.

Judicial Proceedings

Justice Francis Rayola Olel has certified the petition as urgent. On August 21, 2026, he ordered the petitioners to serve the respondents within three days and directed the respondents to file their responses within ten days. The matter is scheduled for a hearing on September 16, 2026.