Employee rights

Medical Cover and SHIF in Kenya: What Employees Should Know

Kenyan employees may have protection under the Employment Act, SHIF, a work-injury scheme and any medical benefit promised in their employment terms. These are different protections. A private medical policy is not the same thing as statutory medical attention, sick leave or work injury benefits.

By Ashley Karimi Chege, Employment lawyerPublished November 26, 2025Updated October 30, 20268 min read
Employee reviewing medical cover information on a phone
Medical cover can come from different sources; check which terms apply to you.

Quick answer

Medical cover in Kenya is not one single employment benefit. Section 34 of the Employment Act addresses medicine during illness and, if possible, medical attendance during serious illness. SHIF is a separate statutory scheme; private insurance depends on the terms offered or promised to you. Work-related injury is addressed separately under WIBA.

If you are checking a payslip, a contract or a hospital bill, start by identifying which type of cover you mean. This employee-focused guide explains the difference between medical attention under the Employment Act, Social Health Insurance Fund (SHIF), private employer-promised cover and work injury benefits. It also sets out what records to keep if cover is unavailable or a claim is disputed.

Key terms

SHIF:
The Social Health Insurance Fund established by the Social Health Insurance Act.
SHA:
The Social Health Authority that administers the statutory health scheme.
Private medical cover:
A separate insurance benefit, whose scope depends on its policy and your employment terms.
WIBA:
The Work Injury Benefits Act, which addresses work-related injury and occupational disease.

At a glance

Employment Act

Section 34: medicine and serious-illness attendance

SHIF

Separate statutory health scheme; check current SHA instructions

Private policy

Check your contract, policy and applicable CBA

Work injury

Separate protection under WIBA

On this page

Does my employer have to provide private medical insurance?

Short answer

A private medical policy is not the same as the duties in section 34. Check whether private cover is promised in your contract, a CBA or a policy incorporated into your employment terms.

The Employment Act sets out medical-attention duties; it does not describe those duties as a private insurance policy. A contract, collective bargaining agreement (CBA) or workplace policy may separately provide private medical cover or reimbursement. If your documents promise a benefit, read the wording carefully: eligibility, dependants, exclusions, annual limits, waiting periods and the claim process can all affect what is covered.

Do not assume that having SHIF means a private benefit promised to you no longer applies. Nor should a private policy be assumed to replace statutory obligations. Keep a copy of the exact document that sets out your benefit.

What does section 34 of the Employment Act say?

Short answer

Section 34(1) says an employer must ensure sufficient and proper medicine for employees during illness and, if possible, medical attendance during serious illness.

Section 34 is the Employment Act provision most directly concerned with medical attention. It is not a blanket promise to reimburse every medical expense, and it should not be confused with a private insurance policy. The facts, the circumstances of the illness and the relevant employment documents matter when assessing a particular dispute.

If you become ill, notify your employer or supervisor promptly using a channel you can later show, especially if you need help at work. Keep the message, any reply and relevant medical documents. In an emergency, seek appropriate care first and keep records of what happened and when.

How is SHIF different from private medical cover?

Short answer

SHIF is a statutory scheme, not an employer’s private insurance policy. Contribution and remittance requirements come from the Act and its regulations; check the current official SHA guidance for the applicable rate and dates.

SHIF operates under the Social Health Insurance Act, 2023. It is distinct from a private policy offered through work. Your payslip may show a statutory health contribution, but a payslip entry alone does not tell you every detail of the cover available or prove that a particular treatment is covered.

Because contribution rules and administrative directions can change, confirm the current amount, payment timetable and how to check your status through the Social Health Authority before relying on a figure. If a deduction appears on your payslip and you are unsure whether it was remitted, ask for written clarification and retain the response.

What if my contract promises medical cover?

Short answer

Read the contract, CBA and policy that describe the benefit, then raise a lapse or refused claim in writing and keep supporting records.

Find the clause or policy schedule that describes your cover. Check who is insured, when cover starts, the benefits and exclusions, and the steps for pre-authorisation or reimbursement. If the insurer or employer says a service is excluded, request the specific policy term and the reason in writing.

A CBA or contract can provide terms that are more favourable than a statutory minimum, but the result depends on the exact wording and how the terms apply. If the documents conflict or the benefit has been withdrawn, preserve the versions you received and get advice before assuming what you can recover.

What if I become ill or injured because of work?

Short answer

Work-related injury and occupational disease are addressed under WIBA, a separate legal framework from general medical insurance.

The Work Injury Benefits Act, 2007 covers work injury benefits. If an incident or illness may be work-related, report it promptly, ask for the incident to be recorded and keep copies of medical records and communications. Reporting and assessment requirements can depend on the kind of injury or disease, so do not rely on a general medical policy as a substitute for following the WIBA process.

Keep details such as the date, location, witnesses, task being performed, symptoms and any notice given. Seek individual advice promptly about the correct reporting route and applicable time requirements.

Is sick leave the same as medical insurance?

Short answer

No. Sick leave concerns time away from work and pay during qualifying illness; medical insurance concerns payment or access to healthcare.

Section 30 of the Employment Act addresses sick leave. Its requirements are separate from section 34 medical attention, SHIF and a private insurance benefit. Follow your workplace notification process, obtain the medical evidence required by law or your employment terms, and retain a copy.

If you need more detail about leave, see our guide to leave rights in Kenya. For general workplace topics, browse the employment-law guides.

What can I do if cover is missing or a claim is refused?

Short answer

Put the issue in writing, identify the benefit or legal duty you rely on, ask for the decision and reasons, and preserve the documents.

  1. Identify the issue. Is this about section 34 medical attention, SHIF, a promised private benefit, sick leave or a work-related injury?
  2. Notify and ask clearly. Send a dated message to the appropriate employer contact or insurer. State what happened and what information or action you are requesting.
  3. Keep evidence. Save contracts, policy documents, payslips, medical notes, invoices, receipts, forms and all responses.
  4. Ask for the basis of a refusal. Request the relevant policy term or written reason. Do not send original documents unless required and keep copies of anything submitted.
  5. Get advice early. Applicable deadlines depend on the legal basis and facts. Do not assume that every medical expense has the same time limit.

Warning signs to follow up

  • A medical benefit in your contract appears to have lapsed without explanation.
  • A statutory deduction appears on your payslip, but you cannot confirm your status.
  • You are told private insurance automatically replaces SHIF or another legal duty.
  • A workplace injury or illness is not recorded after you report it.
  • A claim is refused without identifying the policy wording or reason.

Evidence checklist

  • Employment contract, offer letter and any variation
  • Relevant CBA or staff policy
  • Insurance policy schedule, membership card and insurer correspondence
  • Payslips and written questions about SHIF deductions
  • Medical notes, prescriptions, invoices and receipts
  • Dated messages reporting illness or a work incident
  • Incident report, witness details and any response from the employer

Medical cover and SHIF: frequently asked questions

Does private medical insurance replace SHIF?

Do not assume that it does. They are separate arrangements. Check the current statutory requirements with SHA and read your private policy for the benefits it actually provides.

Does a payslip prove that my SHIF contribution was remitted?

A payslip shows what was recorded as deducted from pay. If you need confirmation of remittance or active status, request it and check through the official SHA channels.

Can my employer withdraw a medical benefit?

That depends on the contract, policy, CBA and how the benefit was granted or changed. Keep the written terms and seek advice if a promised benefit is withdrawn or reduced.

What should I do if I fall ill at work?

Seek urgent care where needed, inform your supervisor or employer as soon as reasonably possible and keep a dated record of the notice and any help requested.

Where can I check the law and current SHIF instructions?

Read the linked legislation on Kenya Law and confirm current scheme information directly with the Social Health Authority. If you are deciding how to pursue a dispute, get advice on your specific facts.

Official sources

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