Omtatah Pushes for Universal Health Care Fully Funded Through Taxation, Rejects All New Mandatory Health Levies

Busia Senator Okiya Omtatah has challenged Kenya’s new health financing system in the High Court. He said universal health care should be funded entirely through taxes. Citizens should not pay extra through compulsory contributions. He told the court the government has a constitutional duty to provide health services without additional financial burdens.

Omtatah argued that the Social Health Insurance Fund (SHIF) and the Social Health Authority (SHA) break the Constitution. They force Kenyans to pay extra on top of taxes. “This is double taxation,” he said. Citizens should not pay twice for services the government must provide.

The senator highlighted inconsistencies in official documents. Loan repayments were set to start in February 2025, not August 2024 as previously indicated. He said this misleads the public. Omtatah described the discrepancy as fraudulent and unfair.

Omtatah criticized the way SHIF and SHA were introduced. The amendments were never approved by the Senate. He said the Finance Act had no authority to implement the scheme. “No rights can arise from an illegal process,” he told the court. He argued the system is unconstitutional.

The senator said the government violated the principle of legitimate expectation. Kenyans had been promised that health reforms would not add financial burdens. Mandatory deductions break that promise. Petitioners also raised data protection concerns. Personal information was allegedly transferred without consent or safeguards.

Omtatah, surgeon Dr Benjamin Agare, and activist Eliud Matindi urged Justice Bahati Mwamuye to declare SHIF and SHA unconstitutional. They cited violations of constitutional procedure, workers’ rights, and data protection. They asked the court to protect citizens from an unlawful and unfair system.