The High Court has suspended a government directive that would have required every tourist visiting Kenya to purchase a Ksh6.5 million health insurance policy before being allowed entry into the country.

Justice Francis Rayola Olel issued interim orders on August 24, 2026, halting the requirement pending a full hearing of the case, which was filed by two petitioners.

The Basis of the Challenge

The petitioners argued that the Ministry of Health’s move to introduce the requirement conflicted with an earlier decision by the Ministry of Interior, which had already granted tourists easier entry into the country. Their lawyer told the court that the Health Ministry was effectively overstepping into territory that belongs solely to the Interior Ministry when it comes to managing foreign nationals.

According to the petitioners, only the Interior and Immigration Departments hold the legal authority to determine who may enter Kenya, under the Kenya Citizenship and Immigration Act. They contended that the Health Ministry’s directive was therefore beyond its powers.

Their lawyer told the court that the directive amounted to the Health Cabinet Secretary directing the Immigration Department on a function reserved exclusively for the Interior and Immigration authorities under the Act.

The petitioners also pointed to practical gaps in the rollout, noting that there was no clear mechanism in place to administer mandatory insurance for arriving tourists. They further raised concerns that the ministry intended to handle tourists’ personal data outside the existing immigration system, warning that the rushed implementation risked hidden costs and potential legal disputes down the line.

The Directive in Question

The requirement had been introduced through Gazette Notice No. 11492, published by Health Cabinet Secretary Aden Duale on July 30. It mandated that all foreign travelers planning to stay in Kenya for less than 12 months hold a travel health insurance policy worth at least USD 50,000 — roughly Ksh6.4 million. Critics argued the figure would have made Kenya one of the most expensive entry points for tourists in the region.

The Ministry of Health case is not the only legal action targeting the directive. The Consumers Federation of Kenya (COFEK) had separately filed its own petition challenging the same policy. COFEK argued that the rollout bypassed proper public participation and lacked clear criteria for selecting which insurance providers would be authorised to offer the cover.

With the interim orders in place, the mandatory insurance requirement remains suspended until the matter returns to court for a full hearing on September 16, when the High Court is expected to further consider the arguments raised by both sets of petitioners.