Omtatah Seeks Removal of Appeal Court Judges Over Delayed Reasons in Kenya-US Health Deal Case
Busia Senator Okiya Omtatah has petitioned the Judicial Service Commission (JSC) seeking the removal of three Court of Appeal judges, accusing them of triggering a constitutional crisis by suspending High Court orders blocking the Kenya-US Health Cooperation Framework while delaying their written reasons for nearly five months.
In a petition filed on Friday, May 29, Senator Omtatah called on the JSC to investigate the conduct of the appellate judges, arguing that their decision to stay conservatory orders without immediately providing reasons has undermined the constitutional right of appeal and obstructed access to justice.
The dispute stems from an ongoing legal battle over the Kenya-US Health Cooperation Framework, a multi-billion-shilling health partnership signed between Kenya and the United States in December 2025. The agreement has generated intense public debate, with critics raising concerns over data protection, financial obligations and the extent of foreign involvement in Kenya’s healthcare system.
According to Omtatah, a Court of Appeal bench comprising Justices Kimaru, Munyao and Okello issued an order on May 12, 2026, suspending High Court conservatory orders that had temporarily halted implementation of the agreement. However, the judges stated that the detailed reasons for their decision would only be delivered on October 30, 2026.
Announcing his move against the judges, Omtatah argued that the delayed reasoning effectively shields the decision from immediate scrutiny.
“Today, I have petitioned the Judicial Service Commission to investigate three Court of Appeal judges who suspended High Court orders blocking the Kenya-US Health Cooperation Framework, but withheld their reasons for doing so until October 2026,” he said.
The senator maintained that the judges’ approach has left affected parties unable to meaningfully challenge the ruling before the Supreme Court.
“On May 12, 2026, the Court of Appeal bench comprising Justices Kimaru, Munyao and Okello issued an order staying the High Court conservatory orders. However, the judges did not provide reasons for their decision and instead stated that the full reasons would only be delivered on October 30, 2026, nearly five months later,” he added.
Omtatah argues that the absence of written reasons violates constitutional principles and effectively blocks his right to seek further legal redress.
In his petition, he contends that without understanding the legal basis upon which the Court of Appeal arrived at its decision, it is impossible to formulate a substantive appeal before the Supreme Court under Article 163 of the Constitution.
He further argues that the Supreme Court cannot adequately examine constitutional and jurisdictional questions arising from the case without first reviewing the appellate court’s reasoning.
The senator warned that the consequences of the delayed judgment could be far-reaching and potentially irreversible.
“By the time the Court of Appeal eventually delivers its reasons in October 2026, the consequences will already be irreversible. Sensitive health data will already have been transferred. Massive fiscal commitments will already have been undertaken,” Omtatah stated.
He insisted that his complaint is not motivated by disagreement with the outcome of the case itself but rather by what he describes as a dangerous judicial precedent.
“The complaint is not that the judges ruled against me. It is that they adopted a procedure that obstructs timely constitutional review,” he said.
The contested appellate ruling effectively restored the government’s operational control over the KSh322 billion health partnership after granting an interim stay against the High Court conservatory orders.
Part of the Court of Appeal order stated: “An interim order is hereby issued, staying the conservatory order issued by the High Court in Nairobi Petition No. E816 of 2025 on 19th December 2025, pending the delivery of the ruling.”
The latest petition is expected to intensify scrutiny of both the Kenya-US health agreement and the judiciary’s handling of one of the country’s most closely watched constitutional cases.
Should the Judicial Service Commission admit the complaint, it could open a fresh chapter in the legal and political controversy surrounding the implementation of the health cooperation framework and the broader debate over judicial accountability in Kenya.
Also Read: Laikipia MPs Reject Proposed Ebola Facility, Demand Full Disclosure