The High Court has stopped the implementation of the recently signed Kenya–United States Cooperation Framework on Health, issuing conservatory orders that block the transfer or sharing of sensitive health data between the two governments.
Justice Lawrence Mugambi issued the directive on Wednesday, pending the hearing of a case filed by Busia Senator Okiya Omtatah, who challenged the legality and risks posed by the agreement.
Court Suspends Any Sharing of Kenyans’ Health Data
In the interim orders, Justice Mugambi ruled that none of the provisions involving the use, movement, or sharing of medical or epidemiological data should be operationalised.
“A conservatory order is hereby issued suspending, staying, and restraining the respondents from implementing or giving effect to the Health Cooperation Framework… insofar as it provides for or facilitates the transfer, sharing, or dissemination of medical, epidemiological, or sensitive personal health data,” the order states.
The suspension will remain in force until the case is fully heard and determined.
Omtatah Moves to Court Over Privacy Fears
Senator Omtatah argued that the agreement exposes Kenyans to violations of privacy and data security by allowing external entities access to sensitive health information.
The petition seeks to:
- Stop the transfer of personal medical records
- Bar any government spending on the agreement
- Prevent execution of contracts arising from the framework
- Declare the deal unconstitutional
The court has temporarily granted these requests as the case proceeds.
Government Temporarily Blocked From Spending on the Agreement
The High Court additionally prohibited the state from:
- Allocating public funds
- Entering contracts
- Rolling out policies
connected to the framework until the matter is heard inter partes.
This means the Kenya–US health partnership, signed on 4 December 2025, is effectively frozen for now.
Next Steps
The case will now proceed to a full hearing, where the government will be required to justify:
- How it intends to protect Kenyans’ health data
- Whether the agreement complies with the Constitution
- If public participation and legislative approvals were followed
Until then, all elements of the framework remain suspended.
