President William Ruto’s administration has received a major legal reprieve after the Court of Appeal lifted orders blocking the implementation of Kenya’s KSh328 billion health cooperation framework with the United States, citing the potential impact on millions of Kenyans who depend on essential medical treatment.
In a ruling dated Friday, October 9, 2026, a three-judge bench in Nairobi set aside orders issued by the High Court on December 19, 2025, which had suspended the framework signed by Kenya and the US on December 4, 2025.
The appellate court said the public interest favoured allowing the programme to proceed while the legal challenge moved forward, warning that continued suspension could disrupt access to critical healthcare services.
“We are of the considered view that public interest favours the implementation of the programme pending hearing of the appeal,” Justices Kimaru, Munyao Sila and Dr J.O. Okello stated.
According to the judges, suspending the framework could negatively affect more than 1.4 million Kenyans who rely on medicines and healthcare support expected to be provided under the cooperation agreement.
Court warns of disruption to HIV, TB and malaria treatment
In its determination, the Court of Appeal highlighted the potential consequences of continued delays, particularly for patients receiving treatment for HIV, tuberculosis (TB) and malaria.
The judges warned that the suspension could put essential treatment at risk, with potentially serious consequences for people who depend on the healthcare programmes covered by the framework.
“The lives of citizens who depend on treatment for HIV, TB, and malaria, provided under the Framework risk being negatively and irredeemably impacted,” the court stated.
The bench also expressed concern that resources intended for the programme could be redirected elsewhere if implementation remained suspended.
Such a development, the judges observed, could leave the government without the framework needed to proceed with the cooperation even if it ultimately succeeded in its appeal.
On those grounds, the court set aside the High Court’s conservatory orders pending the hearing and determination of the intended appeal.
“Essentially, we order that pending the hearing and determination of the intended appeal, the ruling and orders of the High Court of December 19, 2025, which granted conservatory orders in terms of Order No. 1 at paragraph 58 of the ruling, are hereby set aside,” the judges ruled.
Why the KSh328 billion health deal was challenged
Kenya and the United States signed the multibillion-shilling health cooperation framework in December 2025, with the stated aim of strengthening the country’s healthcare capacity.
However, the agreement faced a legal challenge from petitioners, including Busia Senator Okiya Omtatah and Katiba Institute.
The petitioners raised concerns about data protection, constitutional compliance and the process through which the agreement was negotiated and signed.
They argued that the framework could give the US government real-time access to Kenyan health records, potentially exposing sensitive medical information and threatening patients’ privacy.
They also contended that the deal was signed without adequate public participation and raised questions about national sovereignty and compliance with the Constitution.
The petitioners subsequently moved to court, prompting the High Court to suspend implementation of the framework while the case was being considered.
Government challenged High Court suspension
The government challenged the High Court’s decision at the Court of Appeal, seeking to overturn the orders that had halted implementation.
The appellate court has now lifted those restrictions pending the hearing and determination of the intended appeal, allowing implementation to proceed subject to any other applicable legal requirements or court orders.
The decision does not, by itself, amount to a final determination of every constitutional and data-protection question raised by the petitioners.
Instead, it addresses whether the suspension should remain in place while the appeal process continues.
The dispute therefore remains significant for both the government’s healthcare plans and the wider debate over how international health partnerships should safeguard Kenyans’ personal medical information.
The next stage of the legal proceedings is expected to determine the outstanding issues surrounding the agreement and the challenge brought against it.
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