Court suspends Kenya-U.S. $2.5 billion health cooperation deal

A court in Kenya has temporarily suspended the $2.5 billion health cooperation between Nairobi and Washington.

The Nairobi High Court suspended, with immediate effect, the component of the pact relating to the transfer of health and personal data.

"A conservatory order is hereby issued suspending, staying, and restraining the respondents, whether by themselves, their agents, or assigns, from implementing or giving effect to the Health Cooperation Framework executed between the Government of Kenya and the Government of the United States of America," Justice Mwamuye ordered.

The petition was filed by the Consumer Federation of Kenya seeking to halt the agreement signed by the Kenyan government with the US on December 4.

“Once Kenya's medical and epidemiological data is transferred abroad, the harm becomes permanent and irreversible. Neither this honorable court nor Kenyan regulators would have the power to recall, restrict, or oversee how such data is used overseas,” the lobby told the court.

The five-year, $2.5 billion agreement with Kenya was signed by Kenyan President William Ruto and Secretary of State Marco Rubio to replace a patchwork of previous health agreements that had traditionally been run by the U.S. Agency for International Development for decades until the Trump administration dismantled it earlier this year.

Under the health deal with Kenya, the U.S. will contribute $1.7 billion of the total amount, with the Kenyan government covering the remaining $850 million.

The agreement focuses on preventing and treating diseases such as HIV/AIDS, malaria and tuberculosis with an emphasis on faith-based medical providers, although all clinics and hospitals enrolled in Kenya’s health insurance system will be eligible to receive funding, according to U.S. officials.