Health Cabinet Secretary Aden Duale has moved to reassure Kenyans that the recently signed Health Cooperation Framework and Data Sharing Agreement with the US, insisting that the deal will not compromise the country’s sovereignty or expose citizens’ personal information.
In a statement on Friday, December 12, Duale said the deal is expected to deliver immense benefits to the country by transitioning Kenya to a Government-to-Government funding model aimed at improving accountability, disease prevention, and the roll-out of Universal Health Coverage (UHC).
“This partnership is designed to secure immense benefits for the Kenyan people, specifically by transitioning to a Government-to-Government funding model that enhances accountability and directs critical resources toward disease prevention and Universal Health Coverage.
“We emphasize that this Framework was drafted with strict adherence to due process, ensuring that Kenya’s sovereignty, data ownership, and intellectual property are fully protected while securing essential support to strengthen our health security,” said Duale.
The Health CS insisted that fears of mass data sharing with the US are unfounded, noting that the agreement was deliberately structured as a cooperative policy instrument rather than an international treaty.
Duale pointed out that the Agreement contains stringent safeguards to protect citizens.
“Article 2(a) mandates strict compliance with the Data Protection Act, 2019, and the Digital Health Act, 2023, while Article 5(f) includes a “supremacy clause” ensuring that Kenyan law prevails in any conflict. The Agreement also explicitly restricts sharing of aggregate data to protect personally identifiable information,” he stated.
Further said the conservatory orders issued by the high court only affect the transfer of data and do not halt the broader health partnership between the two governments.
“We note that the current conservatory orders are specific to the sharing of data and do not suspend the broader partnership. The Government is confident that once the Honorable Court is presented with the full documentation and facts that were not available before the issuance of the interim orders, it will appreciate the intent and spirit of this partnership. Constitution and the laws of Kenya,” Duale added.
Justice Bahati Mwamuye on Wednesday issued conservatory orders halting the implementation of the health cooperation agreement.
The high court judge issued the orders following a petition filed by the Consumers Federation of Kenya (COFEK).
