The Social Health Authority (SHA) has hit yet another legal wall, throwing the recruitment of over 212 critical officers into limbo just as the agency struggles to stabilize Kenya’s new healthcare system. On Tuesday, five members of the Gabra community moved to the High Court, effectively slamming the brakes on a hiring process they describe as opaque, discriminatory, and unconstitutional.

This latest hurdle comes at a fragile moment. Since replacing the National Health Insurance Fund (NHIF) in October 2024, the SHA has been fighting to prove it is not just a rebranding exercise but a functional upgrade. For the average Kenyan seeking treatment at a Level 4 hospital, these boardroom battles translate to one thing: uncertainty. If the authority cannot hire staff, it cannot process claims, and if claims aren't processed, patients pay out of pocket.

The 'Black Box' Recruitment System

The petitioners—Atho Diba Ali, Abudo Galgallo, Mathias Mam, Robert Adano, and Yattani Tura—are not just asking for jobs; they are demanding to know how the government hires its servants. In court filings seen by Streamline News, they paint a picture of a digital recruitment system that functions like a black box.

According to their affidavits, the five applied for various positions advertised on September 12, 2025, meeting the November 18 deadline. They uploaded every required document, from Kenya Revenue Authority (KRA) pins to Ethics and Anti-Corruption Commission (EACC) clearance certificates. Yet, when the shortlists were published, their names were missing, and crucially, so were the reasons why.

"The system is designed in such a way that an applicant cannot proceed without completing the previous stage," Ms. Ali noted in her affidavit, dismantling the argument that their applications might have been incomplete. Despite holding qualifications like a Bachelor’s degree in Business Management, she and her co-petitioners received silence—no scores, no rejection letters, and no feedback.

A Community Left Behind?

The core of the lawsuit is the allegation of systematic exclusion. The petitioners argue that out of a pool of over 8,000 applicants, the complete absence of the Gabra community from the shortlist is statistically impossible to dismiss as a coincidence.

They contend that the SHA failed to disclose:

• The specific criteria used to shortlist candidates.
• The scores attained by applicants.
• The reasons for rejection.

"The refusal to provide reasons for their exclusion has made them feel like second-class citizens," the petition reads. Early this month, the group wrote to the Authority seeking clarity on affirmative action measures. The SHA did not respond. The petitioners argue this silence amounts to unfair administrative action, violating Article 35 of the Constitution on the right to information.

A History of Legal Headwinds

This is not the first time the courts have had to intervene in SHA’s staffing troubles. The transition from the defunct NHIF has been legally messy from day one. In May 2025, the Employment and Labour Relations Court blocked the authority from exclusively hiring former NHIF staff, ruling that the new entity must open its doors to all qualified Kenyans.

That ruling was a double-edged sword. While it ensured fairness for outsiders, it created anxiety for over 1,700 former NHIF employees who feared job losses. Now, with this new petition, the pendulum has swung back to procedural fairness for marginalized communities. The petitioners have named the SHA Board, the Ministry of Health, and the Attorney-General as respondents, warning that if the court does not intervene now, the recruitment will be concluded, rendering their quest for justice meaningless.

As the legal gears grind, the real cost is measured in time lost. Every week spent in court is a week the SHA spends understaffed, delaying the full promise of Universal Health Coverage for millions of Kenyans.