Kenyan court halts rollout of $1.6bn health deal with the United States

Kenya’s High Court has paused a multibillion-shilling health partnership with the United States, stopping the government from putting the agreement into action until a legal challenge is heard.

The temporary order was issued by Justice Bahati Mwamuye after the Consumers Federation of Kenya (COFEK) argued that the deal breaches several laws and puts Kenyans’ personal health data at risk.

In the ruling, the judge said the government must hold off on “implementing or giving effect” to the Health Cooperation Framework signed on December 4 in Washington, DC. The suspension specifically covers any part of the agreement that involves transferring or sharing medical, epidemiological, or other sensitive health information.

What Happens Next

The court has instructed COFEK to serve all involved officials with the petition and court orders by December 17. The government has until January 16 to file its response. The case will return to court on February 12 before Justice Lawrence Mugambi for further directions.

Why the Deal Is Controversial

The agreement, valued at Sh208 billion, was signed by Prime Cabinet Secretary Musalia Mudavadi and US Secretary of State Marco Rubio, in a ceremony attended by President William Ruto.

COFEK says the public was never consulted, despite the deal involving access to citizens’ health information. The group argues the pact breaches the Data Protection Act, the Digital Health Act, the Health Act, and new Digital Health Data Exchange regulations, all of which require strict safeguards before health data can be shared.

COFEK’s secretary-general, Stephen Mutoro, claims the government has already begun implementing parts of the agreement without public participation — something he argues violates Kenya’s Constitution, including the right to privacy.

Health Cabinet Secretary Aden Duale, Mudavadi (in his role as Foreign Affairs CS), and Attorney General Dorcas Oduor are named as respondents.

A Second Court Battle

The deal is also facing a separate challenge from Busia Senator Okiya Omtatah, who has filed a petition seeking similar orders. Omtatah wants the court to stop the government from spending any money, signing contracts, or enforcing the health framework until the case is concluded.

He warns that the structure of the deal — which channels funds directly through government ministries while removing outside oversight — opens the door to mismanagement. He also argues that Kenya’s pledge to match US funding could strain the national budget, estimating the additional cost at around US$850 million.

According to Omtatah, the agreement could undermine Kenyans’ right to health and equality by tying US support to political conditions and “reform momentum,” which he says may prioritise American foreign policy interests over fair access to healthcare.