Government to Avail Full Documents After Court Halts Controversial Kenya US Health Deal
The government has announced that it will submit all relevant documents relating to the controversial health cooperation agreement between Kenya and the United States, following a High Court decision to temporarily halt the deal.
The High Court on Wednesday, December 10, issued conservatory orders suspending the multi-billion-shilling partnership, which had been signed on December 4. Justice Lawrence Mugambi ruled that the agreement cannot be implemented until a full hearing is conducted.
“Pending the hearing and determination of the petition, a conservatory order is hereby issued restraining the respondents from implementing the health framework executed on or about 4 December 2025,” Justice Mugambi directed.
The ruling came amid growing public concern over alleged secrecy surrounding the arrangement, including questions on data protection, oversight, and the legal framework used to seal the deal.
Health Cabinet Secretary Aden Duale responded on Friday, December 12, confirming that the government will comply with the court’s directives. However, he maintained that the administration would challenge the ruling and expressed confidence that the agreement would stand once all facts are presented.
“We fully recognise and respect the crucial role of the courts in interpreting the law,” Duale said. “We note that the current conservatory orders are specific to the sharing of data and do not suspend the broader partnership.”
Duale insisted that sections of the public had misunderstood the scope and intent of the agreement, stressing that the court’s temporary suspension applied only to aspects involving data sharing, not the entire framework.
According to the CS, the government will table documents that were not available to the court when the initial orders were granted. He believes that a full review will demonstrate that the partnership is lawful and beneficial.
“The government is confident that once the court is presented with the full documentation and facts, which were not available before the issuance of the interim orders, it will appreciate the intent and spirit of this partnership,” he added.
Duale also clarified that the Kenya–US health deal is not an international treaty but a cooperative policy framework designed to enhance health systems, research collaboration and technological exchange.
He further emphasised that the agreement complies with Kenya’s legal protections, citing safeguards in the Data Protection Act of 2019 and the Digital Health Act.
“We emphasise that this framework was drafted with strict adherence to due process, ensuring that Kenya’s sovereignty, data ownership, and intellectual property are fully protected,” Duale said.
The case will proceed to a full hearing in the coming days, with the court expected to determine whether the government followed the appropriate legislative and constitutional procedures before signing the agreement.
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Government to Avail Full Documents After Court Halts Controversial Kenya–US Health Deal