Nairobi — The Commission on Administrative Justice (CAJ) has ordered the release of detailed records of payments made to hospitals under the defunct National Hospital Insurance Fund (NHIF) and the Social Health Authority (SHA), citing the constitutional right of access to information.
In a determination issued under the Access to Information Act, 2016, the Commission directed the Respondent, through its Chief Executive Officer, to provide disaggregated data on NHIF payments made to all hospitals across the country between 2018 and 2024.
The Commission also ordered the disclosure of payments made by the Social Health Authority and the Social Health Insurance Fund (SHA/SHIF) to hospitals from 2025 to the date of the ruling.
The orders stem from an application filed by Saddam Amatonyo, who sought the information in a letter dated November 19, 2025.
CAJ, established under Article 59(4) of the Constitution and the Commission on Administrative Justice Act, 2011, said Article 35 of the Constitution guarantees every citizen the right to access information held by the State, while the Access to Information Act provides the legal framework for enforcing that right.
The Commission gave the Respondent 21 days to comply with the directive.
The Ombudsman warned that failure to release the requested information within the stipulated period would prompt it to recommend criminal prosecution of the SHA Chief Executive Officer under Section 28 of the Access to Information Act, 2016.
Maribel Damron
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