Kenya High Court suspends mandatory visitor health insurance rule

The High Court in Marsabit has issued conservatory orders to temporarily suspend a government directive requiring foreign visitors to Kenya to hold travel health insurance with a minimum cover of US$50,000. The directive, introduced via Gazette Notice No. 11492 by Health Cabinet Secretary Aden Duale, applies to non-Kenyans intending to stay in the country for less than 12 months.

The mandatory insurance requirement, established under the Social Health Insurance Act of 2023, specifies a breakdown of benefits including at least US$20,000 for medical expenses, US$25,000 for emergency medical evacuation, US$1,000 for mental illness treatment, and US$5,000 for repatriation of mortal remains.

The suspension follows a constitutional petition filed by Edow Issack Mohammed and Zhulekha Mohamed Edin. The petitioners argue that the Ministry of Health lacks the legal mandate to impose entry conditions, asserting that such authority belongs to the Ministry of Interior and the Directorate of Immigration Services. They further contend the policy is procedurally flawed and unconstitutional. The court is scheduled to hear the matter further on September 16, 2026.