Duale reassures public on integrity of health data agreement with U.S.

The Government Friday moved to reassure the public about the safety, legality, and strategic value of the recently signed Health Cooperation Framework and Data Sharing Agreement between Kenya and the United States, emphasizing that the deal safeguards national sovereignty and advances the country’s health priorities.

In a statement , Health Cabinet Secretary Aden Duale said the partnership marks a significant shift toward a Government-to-Government (G2G) funding model aimed at boosting accountability and channeling greater resources into disease prevention programmes and the rollout of Universal Health Coverage (UHC).

Duale stressed that the Framework was developed with strict adherence to due process and contains robust protections to ensure Kenya retains full ownership of its data and intellectual property.

“The instruments were deliberately structured as cooperative policy arrangements rather than international treaties,” he noted, pointing to Article 5(g) of the Data Sharing Agreement, which explicitly states that the framework “does not constitute an international agreement under international law.”

Amid public concern over data privacy, Duale said the Agreement contains multiple layers of safeguards.

Article 2(a) requires full compliance with Kenya’s Data Protection Act, 2019 and Digital Health Act, 2023, while Article 5(f) includes a supremacy clause ensuring that Kenyan law overrides any conflicting provisions.

The agreement also limits information-sharing strictly to aggregated data, preventing exposure of personal or identifiable health records.

Addressing the ongoing court case challenging aspects of the Agreement, the CS emphasized that the conservatory orders currently in place apply only to the sharing of data, not the wider cooperation framework.

“We respect the vital role of the Courts in interpreting the law and protecting the rights of all Kenyans,” Duale said. “We are confident that once the Court reviews the full documentation—which was not available when the interim orders were issued—it will find that all legal requirements were met and that the Agreement complies fully with the Constitution.”

The Ministry maintains that the partnership will significantly strengthen Kenya’s health security, improve resource allocation in the health sector, and bolster longstanding cooperation with the United States.