Date of publication:
01/08/2026
Kenya
Do domestic laws and policies provide access to secondary and tertiary healthcare services for forcibly displaced and stateless persons?
Assessment by population
Analysis
Kenya's legal and policy frameworks are designed to ensure that all individuals have access to comprehensive health care services, including secondary public health care. 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." This constitutional mandate extends to secondary health care services, which encompass more specialized medical care typically provided in hospitals. 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
Health Act
- Year: 2017
- Type: Domestic law
- Rights Category: Health
- Link to external source: http://kenyalaw.org:8181/exist/rest/db/kenyalex/Kenya/Legislation/English/Acts%20and%20Regulations/H/Health%20Act%20-%20No.%2021%20of%202017/docs/HealthAct21of2017.pdf
Legal provision
Section 4 - Right to Health
Every person has the right to the highest attainable standard of health, which shall include progressive access for the provision of promotive, preventive, curative, palliative and rehabilitative services.
Section 15 - Government duties
The national government shall establish and maintain a national referral health facility to provide specialized health services.
Kenya Health Policy 2014–2030
- Year: 2014
- Type: Domestic policy
- Rights Category: Health
- Link to external source: https://arua-ncd.org/wp-content/uploads/2022/10/kenya-health-policy.pdf
Legal provision
Kenya Health Policy 2014–2030 - Generic
Kenya Health Policy 2014–2030 - Generic