HENNET Legal Officer Lisa Mushega during a public forum/HANDOUT
The Health NGOs Network (HENNET) has welcomed the Digital Health Act, 2023 as a critical step towards achieving Universal Health Coverage (UHC), but warns that gaps in financing, implementation and accountability could undermine its success if left unaddressed.
The law, one of the four health reform laws enacted in 2023, provides a legal framework for the management, protection and sharing of health data while supporting the digitisation of healthcare services.
HENNET Legal Officer Lisa Mushega said the legislation lays a strong foundation for protecting patients' sensitive health information and improving the delivery of digital health services.
"The Digital Health Act is quite a good piece of legislation. It gives us a framework on how digital health information can be protected, stored and secured without compromising sensitive and confidential patient data," she said.
However, Mushega said the Act's promise can only be realised if key implementation challenges are addressed.
One of HENNET's main concerns is sustainable financing for implementation.
According to the advocacy group, while the Act calls for sustainable financing, its financing provisions remain broad and there is no dedicated, ring-fenced budget to support implementation.
"The Act speaks about what needs to be done but does not explicitly state where the funding will come from. Without a dedicated budget, implementation will remain a challenge," she said.
The concerns come despite the government increasing the health sector allocation to Sh177.2 billion in the 2026/2027 national budget, up from Sh138.1 billion in the previous financial year. The allocation includes Sh45.3 billion for referral and tertiary hospitals, Sh19.1 billion for the Primary Healthcare Fund and funding for disease control and immunisation programmes.
Mushega argued that none of the allocations specifically sets aside funding for implementing the Digital Health Act.
She also called for faster implementation of the law through effective operationalisation of its provisions, noting that while the Act is in force and subsidiary regulations have been introduced, continued implementation will require adequate resources, institutional capacity and coordination across the health sector.
HENNET further cited inadequate political goodwill as another obstacle, saying digital health reforms require sustained commitment from both national and county governments beyond political manifestos.
The health stakeholders are also advocating stronger accountability and broader multi-stakeholder engagement in digital health governance to ensure effective oversight and public participation.
According to Mushega, greater involvement of civil society, development partners and other non-state actors would strengthen accountability and help ensure digital health reforms respond to the needs of all stakeholders.
She said HENNET is advocating for inclusive dialogue involving government, policymakers, civil society and development partners to address the gaps and accelerate implementation.
The Ministry of Health has maintained that the Digital Health Act is a key pillar of Kenya's health reforms. The Act is being progressively implemented through subsidiary legislation, including the Health Information Management Procedures Regulations and the Data Exchange Component Regulations, which came into effect in April 2025.
The Ministry says the reforms are expected to strengthen service delivery, improve access to healthcare and safeguard patient information as Kenya advances towards Universal Health Coverage.
