The Kenyan High Court in Marsabit has upheld the government's requirement for non-Kenyan visitors staying under 12 months to carry travel health insurance. The ruling was made by Justice Francis Rayola Olele, who dismissed a constitutional petition challenging the lawfulness of the requirement. The petition was filed by Edow Issack Mohammed and Zhulekha Mohamed Edin, who argued that the requirement was unconstitutional, ambiguous, and improperly expanded immigration officials' powers.
The court's ruling affirmed that Gazette Notice No. 11492, issued on July 30, 2026, correctly implements the mandatory travel health insurance rule for foreign nationals staying less than a year. The petitioners had claimed that the Gazette Notice limited eligible insurers to those licensed under the Insurance Act without clear approval criteria. However, the court rejected this claim, noting that immigration officers are only tasked with confirming compliance, not licensing insurers.
Justice Olele highlighted that Section 26(6) of the Social Health Insurance Act already obliges non-Kenyan entrants to hold travel health insurance designated by the Cabinet Secretary for Health. The regulations specify coverage for emergency medical expenses, evacuation, repatriation, hospital treatment, and prescription medicines. This, according to the judge, makes the insurance requirement a lawful and necessary measure.
The petitioners had also raised concerns about the transmission of insurance data via the Electronic Travel Authorisation system, citing potential privacy issues. However, the judge deemed these concerns unsubstantiated, pointing to existing safeguards under the Data Protection Act and Digital Health Act. The court's ruling provides clarity on the insurance requirements for short-term foreign visitors to Kenya.
The judge also found that an administrative framework for the insurance programme had been prepared in November 2025, predating the Gazette Notice. This refutes arguments that the policy lacked a supporting framework. The court's ruling has significant implications for foreign visitors to Kenya, who will now be required to carry travel health insurance.
While the petition was dismissed, each party was ordered to bear its own costs, reflecting the court's view of the case's public-interest nature. The ruling is a significant development in Kenya's efforts to ensure that foreign visitors have adequate health insurance coverage during their stay in the country.
The mandatory travel health insurance requirement is expected to improve the quality of healthcare services for foreign visitors and reduce the financial burden on the Kenyan healthcare system. The court's ruling provides a clear framework for the implementation of this requirement, which is expected to come into effect soon.
Key points
- The Kenyan High Court has upheld the mandatory travel health insurance requirement for foreign visitors staying under 12 months.
- The court's ruling affirmed that Gazette Notice No. 11492, issued on July 30, 2026, correctly implements the insurance requirement.
- The ruling provides clarity on the insurance requirements for short-term foreign visitors to Kenya and has significant implications for their healthcare coverage.
