HIGH COURT SUSPENDS HEALTH DEAL

The High Court has issued conservatory orders prohibiting the implementation of the four-year Kenya-U.S. Cooperation Framework on Health signed on December 4, 2025, with the US government.

Justice Lawrence Mugambi directed that the respondents should not be allowed to implement, operate or, in any other way, put into effect any part of the agreement that entails the transfer, sharing, or dissemination of medical, epidemiological, or other sensitive personal health data, until the matter is fully heard.

"Pending the inter partes hearing and determination of the Petitioner’s Notice of Motion dated 9 December 2025, a conservatory order is hereby issued suspending, staying, and restraining the respondents, whether by themselves, their agents, or assigns, from implementing, operationalising, or otherwise giving effect to the Health Cooperation Framework executed on or about 4 December 2025, insofar as it provides for or facilitates the transfer, sharing, or dissemination of medical, epidemiological, or sensitive personal health data,” the court order reads.

The court orders came after Senator Okiya Omtatah, who filed a case, challenged the court’s decision, saying the framework rollout brings to Kenyans’ health information.

Omtatah also asked the court to stop the government from using public funds, signing contracts, or implementing any policy measures under the agreement. The High Court gave these requests on an interim basis as the matter proceeds to full hearing.