The High Court in Marsabit has suspended the implementation of a government directive requiring foreign visitors to Kenya to have travel health insurance with minimum cumulative benefits of USD50,000, equivalent to about Ksh6.4 million. The interim orders were issued by Justice Francis Rayola Olel after two Marsabit residents challenged the directive issued by Health Cabinet Secretary Aden Duale.
Justice Olel certified the case as urgent and suspended the operationalisation and enforcement of the Gazette Notice pending the hearing of the application on Sept. 16, 2026.
The petitioners, businessman Edow Issack Mohammed of El Wak and activist Zhulekha Mohamed Edin, argue that the Ministry of Health exceeded its legal mandate by introducing the insurance requirement and connecting its enforcement to Kenya’s Electronic Travel Authorisation system.
They have also raised questions about public participation, data privacy and the absence of a clear administrative framework for implementing the policy.
The Gazette Notice, published July 30, requires foreign visitors intending to stay in Kenya for less than 12 months to obtain mandatory inbound travel health insurance.
What the cover requires
Under the directive, the insurance must provide minimum cumulative benefits of US$50,000.
The cover includes at least USD20,000 for medical expenses and USD25,000 for emergency medical evacuation. It also provides for USD300 for prescribed medicines, USD1,000 for mental illness and USD5,000 for repatriation of mortal remains.
The notice states that the mandatory inbound travel health insurance must be provided by insurers approved and licensed under the Insurance Act.
However, the petitioners say the government has not established a sufficient legal and administrative framework to support implementation.
Dispute over insurance verification
The petitioners have also questioned the clarity of the directive after the Ministry of Health issued a subsequent clarification allowing travellers to use qualifying insurance policies purchased in their countries of origin.
Under the clarification, visitors with compliant insurance can upload proof through the eTA system. Those without qualifying cover may purchase insurance at designated entry points in Kenya.
The petitioners argue that the Gazette Notice and the clarification are contradictory and create uncertainty over how the policy should be enforced.
They have further challenged the involvement of immigration officials in verifying insurance policies, arguing that such functions fall within the mandate of the Insurance Regulatory Authority.
According to the petitioners, requiring Immigration officials to authenticate insurance policies amounts to an unlawful transfer of functions between government agencies.
Data privacy concerns
The residents have also questioned how travellers’ personal information would be handled through the eTA system.
They argue that adequate safeguards for protecting personal data have not been demonstrated and that implementing the insurance requirement would require changes to the existing electronic travel system.
The petitioners also contend that the government has not explained how additional costs arising from the system changes would be financed.
Government given time to respond
The petitioners are seeking orders declaring the Gazette Notice unlawful and void and prohibiting the government from implementing it.
Justice Olel directed the petitioners to serve the respondents within three days. The government has 10 days from the date of service to respond, after which the petitioners will have five days to file a supplementary affidavit.
The respondents include the Ministry of Interior, the Principal Secretary for Immigration, CS Duale, Principal Secretary for Medical Services Dr. Ouma Oluga and the Attorney General.
Other challenges filed
The Marsabit case is not the only legal challenge facing the mandatory insurance requirement.
Vantage Point Ventures and the Consumers Federation of Kenya have separately moved to court to challenge the Gazette Notice, its implementation and the selection of insurers.
The latest interim orders mean the government cannot proceed with enforcement of the disputed requirement under the challenged notice until the court considers the application on Sept. 16.
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