Date of publication:
01/08/2026
Kenya
Do domestic laws and policies provide access to primary health care services for forcibly displaced and stateless persons?
Assessment by population
Analysis
Kenya's commitment to ensuring access to primary public health care services is enshrined in its legal and policy frameworks. The Constitution of Kenya, 2010, under Article 43(1)(a), guarantees every person "the right to the highest attainable standard of health, which includes the right to health care services, including reproductive health care." To operationalize this constitutional mandate, the government has enacted the Primary Health Care Act, 2023, which provides a comprehensive framework for the delivery and management of primary health care services across the country. An integral aspect of Kenya's approach to universal health care is the Social Health Insurance Fund (SHIF), designed to ensure equitable access to health care for all individuals, including vulnerable populations such as refugees. The SHIF consolidates various insurance schemes under one umbrella to pool resources and risks, providing a sustainable financing mechanism for universal health coverage (UHC). This initiative aligns with the government’s broader commitment to achieving UHC under its Vision 2030 development agenda.
Through the SHIF, refugees in Kenya are included as beneficiaries, underscoring Kenya’s recognition of health care as a fundamental human right. This policy allows refugees to access essential services, including preventive, curative, and emergency care, on par with Kenyan citizens. By extending coverage to all individuals within the country, the government ensures that no one is left behind in accessing quality health services.
Related provisions of domestic law or policy
Primary Health Care Act
- Year: 2023
- Type: Domestic law
- Rights Category: Health
- Link to external source: http://kenyalaw.org:8181/exist/kenyalex/actview.xql?actid=No.%2013%20of%202023#:~:text=AN%20ACT%20of%20Parliament%20to,%3A%202nd%20November%2C%202023.%20%5D
Legal provision
Section 3 - Objects
The objects of this Act is to— (a) promote and fulfill the rights of all persons in Kenya towards the progressive realization of their right to the highest attainable standards of health care
Section 4.1 - Primary health care services
The Cabinet Secretary shall, in consultation with the county governments and relevant stakeholders, develop policies, strategies, and guidelines for the implementation of primary health care services.
Section 5.1 - Community health care services
Every person shall have the right to equitable access to primary health care services.
Social Health Insurance Act
- Year: 2023
- Type: Domestic law
- Rights Category: Social protection
- Link to external source: https://www.kenyalaw.org/kl/fileadmin/pdfdownloads/Acts/2023/TheSocialHealthInsuranceAct_2023.pdf
Legal provision
Section 3 - Objective of the Act
(a) provide a framework for improved health outcomes and financial protection in line with the right to health and universal health coverage; (b) realign healthcare systems, ,processes and programs for responsiveness, reliability and sustainability of health care in Kenya; (c) enhance the pooling of resources and risks based on the principles of solidarity, equity and efficiency so as to guarantee access to health care services to all