Busia Senator Okiya Omtatah has filed a petition in court seeking to suspend the newly signed Cooperation Framework between Kenya and the United States, arguing that the multibillion-shilling agreement was concluded illegally and without public involvement.
The deal, signed on December 4, 2025, commits the U.S. government to invest US$2.5 billion (approximately KSh 208 billion) directly into Kenya’s health institutions over the next five years.
But in his application, Omtatah wants the court to issue temporary orders stopping the government from implementing, operationalising, or executing any part of the framework until the case is heard.
According to the Senator, the agreement violates the Constitution because it was signed without public participation or parliamentary approval. He argues that Kenyans were excluded from a matter that directly touches on public health, a sector he says requires broad consultation from stakeholders, civil society, and the public.
“Unless conservatory orders are issued, there is a real risk of violating express provisions of the Constitution as the respondents proceed with implementation,” Omtatah states.
He adds that the Constitution is clear that any action by state organs that affects the public must be subjected to meaningful engagement, a step he insists was ignored.
Omtatah further contends that the framework undermines Kenyans’ right to health, saying the lack of consultation rendered the entire process arbitrary and exclusionary. He also claims the agreement was rushed through without following the legal procedures required for international treaties.
He argues that such agreements must be negotiated by the Executive and thereafter subjected to parliamentary ratification before they can take effect.
“By bypassing Parliament, the rushed signing usurps legislative authority and undermines the sovereignty of the people,” the petition reads.
Beyond constitutional concerns, Omtatah raises alarms over the financial structure of the deal. He warns that directly channelling funds to government institutions without third-party oversight exposes the money to potential mismanagement.
Omtatah also notes that Kenya’s commitment to match part of the U.S. investment—estimated at US$850 million—places an additional burden on the national budget without adequate fiscal analysis. This, he argues, risks worsening the country’s debt situation and diverting resources away from urgent grassroots health needs.
About the Deal
The five-year US$2.5 billion health partnership marks Kenya as the first African country to secure a bilateral agreement aligned with the U.S. global health strategy.
The framework is designed to boost Kenya’s health system and strengthen national health sovereignty by shifting funding from NGOs to direct support to government institutions.
However, the deal has sparked public skepticism.
Many Kenyans say the framework appears to prioritise protection of the American taxpayer, while raising fears of potential medical experimentation, data exposure, and foreign access to sensitive health-seeking behaviour patterns of Kenyans.
Critics also accuse President William Ruto’s administration of pushing through a major policy shift without public participation, a practice they argue has become increasingly common in recent years.
