The High Court in Marsabit has suspended implementation and enforcement of a new mandatory health insurance requirement for foreign visitors entering Kenya.
Justice Francis Rayola Olel issued interim orders on August 24, 2026, after two Marsabit residents challenged the government directive. The case will return to court for further hearing on September 16.
Court halts implementation of the requirement
The case challenges Gazette Notice No. 11492, issued by Health Cabinet Secretary Aden Duale on July 30, 2026.
The notice set minimum insurance benefits for non-Kenyans intending to enter and remain in Kenya for less than 12 months.
The court’s latest orders temporarily stop the government from implementing and enforcing the requirement while the legal challenge continues. They do not amount to a final ruling cancelling the policy.
What the Sh6.4 million cover means
Under the Gazette Notice, the insurance must provide a minimum cumulative benefit of US$50,000, equivalent to roughly Sh6.4 million.
The amount refers to the value of insurance cover and not the premium a visitor must pay.
The prescribed minimum benefits include:
- US$20,000 for medical expenses
- US$25,000 for emergency medical transportation
- US$300 for prescribed medicines
- US$1,000 for mental illness treatment
- US$5,000 for repatriation of mortal remains
The Gazette Notice sets the minimum cumulative benefit at US$50,000.
Why the policy is being challenged
The case was filed by Edow Issack Mohammed and Zhulekha Mohamed Edin.
The petitioners argue that the government introduced the requirement without adequate safeguards. They have also raised concerns about public participation, data privacy and the role of immigration officials in enforcing the requirement.
The petitioners further argue that the Ministry of Health cannot assume functions relating to the management and entry of foreign nationals, which they say fall under the Interior Ministry and immigration authorities.
Those are arguments advanced by the petitioners and have not been determined as final findings by the court.
Government had earlier clarified insurance rules
Before the court suspension, the Ministry of Health had clarified that foreign visitors who already had valid travel insurance from their countries of origin could use that cover if it met Kenya’s prescribed minimum benefits.
The ministry also said travelers without compliant cover could obtain a qualifying policy at designated points of entry.
The requirement was intended to apply to non-Kenyans entering and remaining in Kenya for less than 12 months.
What happens next?
The High Court’s interim orders remain in place as the legal challenge proceeds.
The matter is scheduled for further hearing on September 16, 2026.
Until the court makes a final determination, the latest orders should be understood as a temporary suspension of implementation and enforcement rather than a permanent cancellation of Kenya’s travel health insurance framework.
