The High Court in Marsabit ruled that the government’s mandate for foreign visitors to hold travel health insurance is lawful, rejecting a constitutional petition that challenged the rule.

Justice Francis Rayola Olele confirmed that Gazette Notice No 11492, issued on 30 July 2026, and its explanatory memorandum were properly made under the Social Health Insurance Act and related regulations.

The judge noted that Section 26(6) of the Social Health Insurance Act obliges non‑Kenyan entrants staying less than a year to obtain travel health insurance designated by the Cabinet Secretary for Health.

Regulations specify that the insurance must cover emergency medical expenses, medical evacuation, repatriation of remains, hospital treatment and prescription medicines.

The court held that immigration officials are only required to verify compliance with the entry condition and are not empowered to license insurers or regulate insurance products.

Petitioners had argued that the Gazette limited eligible insurers to those licensed under the Insurance Act without clear approval criteria, and that a later clarification allowing policies from travelers’ home countries was ambiguous.

Justice Olele dismissed the privacy concerns raised about the Electronic Travel Authorisation system, finding no evidence of insecure data handling and citing existing safeguards under the Data Protection Act and Digital Health Act.

The judgment also rejected the claim that the insurance requirement was introduced without an administrative framework, noting that a framework had been prepared in November 2025, months before the Gazette notice.

Both parties were ordered to bear their own costs, with the judge emphasizing the public‑interest nature of the case.