Kenya High Court Halts Mandatory Sh6.4 Million Visitor Health Insurance

A Kenyan High Court has temporarily stopped the government from enforcing a new policy requiring foreign visitors to purchase travel health insurance worth Sh6.4 million (US$50,000).

The suspension was granted by Justice Francis Rayola Olel following a petition by two Marsabit residents, who challenged the Health Cabinet Secretary Aden Duale’s Gazette Notice that mandated the insurance coverage.

Details of the Insurance Requirement

The July 30 notice demands that all foreign visitors staying in Kenya for less than 12 months obtain travel health insurance with minimum benefits including:

• Sh6.4 million (US$50,000) total coverage
• Sh2.56 million (US$20,000) for medical expenses
• Sh3.2 million (US$25,000) for emergency medical transport
• Sh38,400 (US$300) for prescribed medicines
• Sh128,000 (US$1,000) for mental health treatment
• Sh640,000 (US$5,000) for repatriation of mortal remains

The insurance must be provided by insurers licensed under Kenya’s Insurance Act and cover the entire duration of the visitor’s stay.

Grounds for the Legal Challenge

Petitioners Edow Issack Mohammed, a businessman, and activist Zhulekha Mohamed Edin argue that the Health Ministry overstepped its authority by involving the Immigration Department in verifying insurance through the Electronic Travel Authorisation (ETA) system.

They contend that the regulation of insurance companies is the responsibility of the Insurance Regulatory Authority, while immigration matters fall under the Ministry of Interior.

The petition also raises concerns about inadequate policy frameworks, lack of public participation, risks to personal data privacy, and unclear funding for the necessary changes to the ETA system.

Furthermore, the petitioners highlight contradictions between the Gazette Notice and subsequent clarifications allowing insurance policies purchased abroad to be accepted, creating uncertainty over which policies qualify.

Court Orders and Next Steps

Justice Olel certified the petition as urgent and issued an interim suspension of the insurance mandate until the case is heard on September 16, 2026.

The court instructed the petitioners to serve the government respondents within three days, who then have 10 days to respond. The petitioners may file additional affidavits ahead of the hearing.

Respondents include the Ministries of Health and Interior, the Principal Secretaries for Immigration and Medical Services, and the Attorney General.