A recently signed KSh 200 billion (approximately $1.6 billion) health cooperation agreement between Kenya and the United States has been temporarily suspended by the High Court, following concerns over data privacy and constitutional violations. The deal, intended to improve Kenya’s health systems, now faces a significant legal challenge that pauses its implementation until a full hearing can be conducted.
Justice Bahati Mwamuye issued conservatory orders specifically halting the component of the pact related to the transfer, sharing, or dissemination of medical, epidemiological, or sensitive personal health data. This ruling comes after the Consumers Federation of Kenya (COFEK) filed a petition arguing that the agreement violates the Constitution and health laws, and was signed discreetly without adequate public participation.
COFEK expressed alarm that once Kenya’s medical data is transferred abroad, the harm could become “permanent and irreversible,” with neither Kenyan courts nor regulators having the power to oversee its use overseas. This, they contend, exposes citizens to “lasting privacy violations, stigma, and potential misuse of their information”.
The agreement, signed in Washington D.C. on December 4 by Prime Cabinet Secretary Musalia Mudavadi and U.S. Secretary of State Marco Rubio, aimed to strengthen Kenya’s health programs through advanced technologies and improve the sustainability of health systems.
President William Ruto had previously dismissed fears that Kenya was “hoodwinked” into the deal, stating that Kenya initiated the talks and that Attorney General Dorcas Oduor had cleared all legal issues, including data privacy.
However, the court’s intervention indicates growing scrutiny over international data-sharing initiatives, particularly those involving sensitive health information.
The case is slated for mention on February 12, 2026, before Justice Lawrence Mugambi, to confirm compliance and set directions for an expedited hearing.
Busia Senator Okiya Omtatah has also filed a separate petition challenging the deal, citing threats to Kenya’s sovereignty, fiscal integrity, and data security.
