High Court Halts Kenya–US KSh200B Health Deal
High Court Suspends Part of Kenya–US Health Agreement
The High Court has issued conservatory orders suspending a key section of the Kenya–US health cooperation agreement signed last week. The ruling temporarily halts implementation of the pact as the court reviews its legality.
Court Halts Transfer of Health and Personal Data
Justice Bahati Mwamuye suspended the clause that allows the transfer of medical and personal health data. Consequently, the order stops any form of data sharing until the petition is fully heard. He also barred the government from enforcing the agreement during this period.
Judge Issues Restrictive Orders on the Agreement
Justice Mwamuye stated that the conservatory order suspends the Health Cooperation Framework between Kenya and the United States. Moreover, he clarified that the suspension covers any action that could enable the transfer, sharing, or dissemination of sensitive health data.
Court Sets Date for Further Mention
The judge directed the matter to return to court on February 12. On that day, Justice Lawrence Mugambi will confirm whether all parties have complied with the orders and will issue directions for the fast-tracked hearing.
COFEK Challenges Legality of the Ksh200B Agreement
The Consumers Federation of Kenya (COFEK) filed the petition contesting the deal. The lobby argued that the pact violated the Constitution and the health law. They further claimed that the government signed the agreement secretly in Washington. Prime Cabinet Secretary Musalia Mudavadi and U.S. Secretary of State Marco Rubio signed the pact on December 4.
Lobby Warns of Permanent Data Privacy Risks
COFEK told the court that sending Kenya’s medical data abroad could cause irreversible harm. They argued that Kenyan regulators cannot control or monitor exported data. Additionally, they warned that citizens may face stigma, privacy breaches, and misuse of sensitive health information.
President Ruto Defends Health Partnership
President William Ruto dismissed claims that the United States misled Kenya into the agreement. He explained that the Kenyan government initiated the talks. He also noted that U.S. officials had traveled to Nairobi for extensive negotiations before the formal signing.
President Clarifies Legal Clearance on the Pact
President Ruto said the Attorney General reviewed all documents related to the agreement. He assured the country that the government addressed every legal concern and that the pact contains no loopholes regarding data privacy.
