CONSULTANCY TO DEVELOP A REPORT ON THE PROGRESS OF IMPLEMENTATION OF THE DIGITAL HEALTH ACT (KENYA) AND ALIGNMENT WITH THE MODEL LAW ON HEALTH DATA GOVERNANCE

BACKGROUND

Kenya enacted the Digital Health Act (DHA) in 2023, a landmark law aimed at guiding the governance, development, deployment, and use of digital health technologies and data systems to improve healthcare. The Act establishes structures for data protection, digital health infrastructure, standards, interoperability, governance, and financing.

Two years later, there is growing demand to understand how much progress has been made in implementing the Act, what gaps remain, and whether Kenya’s digital health governance framework aligns with global and regional norms, especially the Model Law on Health Data Governance.

This demand is also informed by the strategic priorities outlined in our Roadmap to 2030, including the need for people-centered digital health systems, robust governance and accountability, equitable access, sustainable financing, interoperable data systems, and alignment with broader health goals such as Universal Health Coverage (UHC). Stakeholders are keen to assess whether implementation is contributing to these broader outcomes and where improvements are needed to accelerate Kenya’s digital health transformation

PURPOSE OF THE CONSULTANCY

To produce a comprehensive report that documents the progress, quality, and effectiveness of the implementation of the Digital Health Act, assesses the Act’s alignment with the Model Law on Health Data Governance, and provides evidence-based recommendations for strengthening digital health governance, implementation, and UHC progress.

We seek to commission a detailed Progress and Implementation Assessment Report to:

1. Evaluate the status of implementation of the Act.
2. Compare the Act with the Model Law to determine strengths, weaknesses, and gaps.
3. Assess whether the Act can serve as a best-practice case study or requires amendments.
4. Examine what is working well and what is lagging in implementation.
5. Identify how implementation (or lack of it) affects Kenya’s journey toward Universal Health Coverage (UHC) by 2030

SPECIFIC OBJECTIVES

The consultant will:

1. Review and analyse the Digital Health Act (2023) and evaluate its alignment with:
   • The Model Law on Health Data Governance
   • National health priorities such as UHC 2030 and Kenya Health Sector Strategic Plans
   • Global principles on digital health and data protection
2. Assess the progress of implementation since 2023 by examining:
   • Institutional structures established (e.g., Digital Health Agency, governance committees)
   • Development and rollout of digital systems
   • Standards and interoperability progress
   • Implementation of health data governance principles
   • Financing and resource allocation
   • Collaboration between national and county governments
3. Identify successes, challenges, and gaps in the implementation of the Act at both national and county levels.
4. Analyse whether the Act can be used as a regional case study or whether additional reforms or amendments are needed.
5. Examine how implementation (or gaps) influence UHC 2030 goals, such as access, equity, quality, efficiency, and financial protection.
6. Provide clear, actionable recommendations for strengthening:
   • Digital health governance
   • Health data governance
   • Financing
   • Coordination
   • Legislative or policy amendments
   • County-level operationalisation

SCOPE OF WORK

The consultant will be expected to:

• Conduct a desk review of relevant Acts, policies and documents
• Conduct interviews with key informant interviews with relevant stakeholders
• Do a comparative legal and policy analysis and provide a gap matrix
• Asses the implementation Progress Analysis
• UHC Alignment Analysis
• Provide evidence-based and realistic recommendations

DURATION

The consultancy will run between 4 – 6 weeks.

DESIRED QUALIFICATIONS

• Advanced degree in public health, health policy, law, digital health, or related fields.
• Demonstrated experience in policy analysis, legislative review, or digital health systems.
• Experience conducting implementation assessments and comparative legal analysis.
• Strong research, writing, and stakeholder engagement skills.
• Understanding of Kenya’s health system and UHC agenda.
• Established professional networks and demonstrated experience working with national and/or county government institutions on digital health policy, financing, or systems strengthening, with the ability to effectively navigate public sector processes and build strategic partnerships.

REPORTING

The consultant will report to the designated project lead.

Regular check-ins and validations will be scheduled.

All applications received will be subjected to a fair and competitive review process.

Only shortlisted Consultants will be contacted.

This call for Consultancy will close on Monday 23rd February 2026 2.00 PM EAT