The High Court suspended the implementation of the Health Cooperation Framework signed between Kenya and the United States, pending the determination of a petition filed by the Consumers Federation of Kenya (COFEK).
The interim orders were issued on December 10 by Justice Bahati Mwamuye after COFEK filed an urgent application seeking to stop the government from operationalizing the agreement, which was executed on December 4, 2025.
In its petition, COFEK argued that the deal allows for the transfer and sharing of medical, epidemiological and other sensitive personal health data, allegedly putting Kenyans’ privacy rights at risk.
Justice Mwamuye, in granting conservatory orders, directed that the government, its agents or assigns be restrained from implementing or giving effect to the framework insofar as it facilitates the transfer, sharing or dissemination of health-related personal data.
The court further directed COFEK to serve the Senate, and the other respondents with the petition, application and the court order, both physically and electronically by December 17, and to file an affidavit of service.
The respondents were given until January 16, 2026, to file and serve their responses to both the application and the petition.
COFEK will then have until January 30, 2026, to file any rejoinder.
The matter will be mentioned on February 12, 2026, before Justice Lawrence Mugambi to confirm compliance and to issue directions for the expedited hearing of the petition.
“Pending the inter partes hearing and determination of the Petitioner/Applicant’s Notice of Motion and 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,” ruled Mwamuye.
Busia Senator Okiya Omtatah had also moved to court seeking orders to suspend and stop the implementation of the Cooperation Framework Between the Government of the Republic of Kenya and the Government of the United States of America on Health.
Omtatah also wanted the court to issue a temporary order prohibiting the respondents from “implementing, operationalising, and executing” the agreement between the two countries.
He argued the issue violates the principle of public participation as it was signed without public participation and parliamentary approval.
“Unless conservatory orders issue, there is a real risk of the violation of express provisions of the Constitution as the respondents implement the Framework,” Omtatah said in court documents.
“The Constitution mandates that all state organs and actions affecting the public must involve meaningful public participation. No consultations were held with health stakeholders, civil society, or affected members of the public prior to the signing.”
Omtatah further submitted that the Framework threatens to infringe on Kenyans’ rights to health as enshrined in the law, noting that “Kenyans were denied a voice, rendering the process arbitrary and exclusionary.”
He further claimed that the signing of the Health agreement framework between Washington and Nairobi was done in a “rushed” manner bypassing key legal processes.
“International agreements like the Framework qualify as treaties under Section 2 of the Act, requiring negotiation by the Executive, followed by parliamentary ratification before entry into force. The rushed signing, bypassing Parliament, usurps legislative authority and undermines the sovereignty of the people who delegated sovereign power to Parliament,” the court documents read.
Omtatah further opined that there is a risk of mismanagement of the billions of funds expected to be directly channeled to the Kenyan government by the US.
“The Framework’s direct channelling of funds through government institutions, while eliminating “third-party intermediaries,” lacks safeguards against mismanagement. Kenya’s commitment to match US funding (estimated at US$850 million in additional health spending) burdens the national budget without independent fiscal modelling. This contravenes principles of sustainable public finance and risk-informed decision-making, potentially exacerbating debt and diverting resources from grassroots health needs,” he states.
The government has defended the deal arguing it safeguards the privacy of Kenyans.
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