High Court suspends implementation of Kenya-US health deal
The high court has issued conservatory orders suspending the implementation of the Ksh208 billion Kenya and US health cooperation agreement.
The high court has issued conservatory orders suspending the implementation of the Ksh208 billion Kenya and US health cooperation agreement.
Justice Bahati Mwamuye issued the orders on Wednesday, December 10, following a petition filed by the Consumers Federation of Kenya (COFEK).
“Pending the inter partes hearing and determination of the
Petitioner/Applicant’s Notice of Motion Application dated 09/12/2025, a conservatory order be and is hereby issued suspending, staying and/or restraining the Respondents, whether by themselves, their agents or assigns, from implementing, operationalizing, or howsoever giving effect to the Health Cooperation Framework executed between the Government of Kenya and the Government of the United States of America on or about 4th December 2025, insofar as it provides for or facilitates the transfer, sharing or dissemination of medical, epidemiological or sensitive personal health data,” Justice Mwamuye directed.
The High Court Judge also ordered the petitioner to serve the respondents with the application, petition, and the court order in both hardcopy and softcopy and file an affidavit by Wednesday, December 17, 2025.
The respondents were, on the other hand, directed to enter appearance and file and serve their respective responses to both the application and the petition by January 16, 2026.
Justice Mwamuye also said that the case will be mentioned on February 12, 2026, before Justice Lawrence Mugambi.
Kenya and the US signed the Ksh208 billion health data agreement on Thursday, December 5, in Washington, D.C.
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President William Ruto witnessed the signing of the deal by US Secretary of State Marco Rubio and Prime Cabinet Secretary Musalia Mudavadi.
Under the framework, the US will provide up to Ksh208 billion ($1.6 billion) over the next five years to support priority health programs in Kenya, including HIV/AIDS, tuberculosis (TB), malaria, maternal and child health, polio eradication, disease surveillance, and infectious disease outbreak response and preparedness.
The funding will go directly to key government systems, including the Social Health Authority (SHA), DHA, Kenya Medical Supplies Authority (KEMSA), Integrated Financial Management Information System (IFMIS), Ministry of Health (MoH), and the National Public Health Institute (NPHI).
Following the signing of the agreement, Health Cabinet Secretary Aden Duale assured Kenyans that their health data would be protected.
CS Duale noted that health data is a national strategic asset and all data sharing must follow Kenyan laws in the new US-Kenya health deal.
“Your health data is a national strategic asset. Under the new US-Kenya Framework, all data sharing follows Kenyan laws. Only de-identified, aggregated data is shared.
“Approvals must go through DHA and the Data Commissioner. The Digital Health Act and the Data Protection Act fully apply,” CS Duale stated.
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