High Court Halts Implementation of Ksh208 Billion Kenya-US Health Deal
The High Court of Kenya has issued conservatory orders suspending the implementation of the Ksh208 billion health cooperation agreement signed between Kenya and the United States earlier this month.
Justice Bahati Mwamuye made the ruling on Wednesday, December 10, following a petition filed by the Consumers Federation of Kenya (COFEK), which raised concerns over the handling and sharing of sensitive health data under the agreement.
“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 court also instructed the petitioner to serve the respondents with the application, petition, and court order in both hardcopy and softcopy and to file an affidavit by Wednesday, December 17, 2025. The respondents have been ordered to file and serve their responses by January 16, 2026. The matter is set for mention before Justice Lawrence Mugambi on February 12, 2026.
The Kenya-US health cooperation agreement, signed on Thursday, December 5, in Washington, D.C., involves a commitment of up to Ksh208 billion (approximately $1.6 billion) over the next five years. President William Ruto witnessed the signing alongside US Secretary of State Marco Rubio and Prime Cabinet Secretary Musalia Mudavadi.
The deal aims to support Kenya’s priority health programs, including HIV/AIDS, tuberculosis, malaria, maternal and child health, polio eradication, disease surveillance, and preparedness for infectious disease outbreaks. Funding will flow directly to key government systems, such as the Social Health Authority (SHA), Digital Health Authority (DHA), Kenya Medical Supplies Authority (KEMSA), Integrated Financial Management Information System (IFMIS), the Ministry of Health, and the National Public Health Institute (NPHI).
Following the signing, Health Cabinet Secretary Aden Duale sought to reassure Kenyans regarding the security of their health data.
“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.
The suspension comes amid growing public debate over data privacy and national sovereignty, with COFEK emphasizing the need for robust safeguards before sensitive health data is shared internationally.
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High Court Halts Implementation of Ksh208 Billion Kenya-US Health Deal