The High Court has temporarily stopped the government from requiring tourists and other foreign travellers entering Kenya to have a health insurance cover worth at least KSh6.5 million.
Justice Francis Rayola Olel issued the interim orders on Monday, August 24, putting the directive on hold until the court hears the case filed by two petitioners.
The petitioners challenged the requirement, arguing that the Ministry of Health had overstepped its mandate by introducing a condition affecting the entry of foreign nationals into the country.
Their lawyer told the court that matters concerning the entry and management of foreigners fall under the Interior Ministry and immigration authorities.
The petitioners argued that the Health Ministry could not direct the agencies responsible for immigration on how foreign nationals should be allowed into Kenya.
“The directive is ostensibly ultra vires as the 3rd Respondent is purporting to direct the second respondent on the function of foreign nationals’ management,” their lawyer told the court.
How the insurance requirement came about
Health Cabinet Secretary Aden Duale introduced the requirement through Gazette Notice No. 11492, published on July 30.
Under the directive, foreign travellers planning to stay in Kenya for less than 12 months were required to have travel health insurance worth at least USD50,000, equivalent to about KSh6.4 million.
The government said the cover was intended to ensure visitors could meet the cost of medical care while in Kenya.
Nevertheless, the measure faced criticism almost instantly since it was feared that such costly requirement would discourage tourism and make Kenya more expensive than its competitors in the region.
The petitioners also questioned how the mandatory insurance would be implemented.
They told the court that there was no clear system for processing the insurance requirement and raised concerns about the handling of tourists’ personal information outside the existing immigration system.
They argued that introducing the system without adequate preparation could result in additional costs and legal disputes.
COFEK also challenges directive
The High Court case is not the only challenge facing the new requirement.
The Consumers Federation of Kenya (COFEK) has also filed a separate petition seeking to stop the mandatory insurance directive.
COFEK has argued that the government did not undertake proper public participation before introducing the requirement.
The consumer organisation has also questioned the criteria used to select insurance companies that would provide the mandatory cover.
For now, the government cannot enforce the requirement following the interim orders issued by Justice Olel.
The matter will return to court on September 16, 2026, when the parties are expected to argue the case further.
Until then, the temporary orders will remain in force as the court considers whether the government followed the law when introducing the mandatory health insurance requirement for foreign travellers.