Kenya’s judiciary has stepped in to pause the implementation of a US$1.6 billion health cooperation agreement between Nairobi and Washington, citing unresolved questions about how Kenyan citizens’ medical information will be handled under the pact. The temporary suspension, issued by the High Court, will remain in place until a full hearing is conducted on a petition filed by a consumer rights organisation.
The deal—signed on December
4 in Washington, D.C.—was celebrated by both governments as a major milestone in strengthening health-sector financing. It marked Kenya’s entry into a new model of U.S. foreign assistance introduced during former U.S. President Donald Trump’s administration. Similar agreements have since been adopted by other African countries, including Rwanda and Uganda, tying American health funding to increased domestic investment in public health by the recipient nations.
Court Moves to Protect Public Interest
The Consumers Federation of Kenya (COFEK) filed a petition arguing that the agreement should not proceed until the government outlines clear safeguards ensuring that personal and national health data will remain secure. The organisation says its concerns stem from the growing use of digital health systems and the risks associated with sharing sensitive information across borders.
According to COFEK, any arrangement involving national health statistics—whether related to disease surveillance, patient demographics, or medical records—must be transparent, verifiable, and subject to strict oversight.
Their statement emphasised the need for “public, auditable and jointly supervised decision-making, with consumer representation in data processing, monitoring and evaluation, and independent external oversight.”
Responding to the petition, High Court Judge Bahati Mwamuye issued a conservatory order suspending the health cooperation framework in its entirety. The order blocks the Kenyan government from taking any steps to operationalise or enforce the agreement until the court completes its examination of the issues raised.
“A conservatory order is hereby issued suspending, halting or in any way giving effect to the Health Cooperation Framework pending the hearing of the petition,” Justice Mwamuye ruled.
Government Attempts to Reassure the Public
President William Ruto, who oversaw the signing of the agreement during his official visit to the United States, has defended the deal and dismissed fears over improper handling of citizen data. During a public address on Wednesday, he insisted that Kenya’s legal framework offers strong data protection guarantees and that government lawyers thoroughly scrutinised the document.
“The Office of the Attorney General went through the agreement with a tooth comb to ensure that the law prevailing on data belonging to the people of Kenya is Kenyan law,” Ruto said, urging citizens to remain confident in the government’s commitment to privacy and national sovereignty.
Kenya enacted the Data Protection Act in 2019, which requires any entity—local or foreign—to comply with strict rules on how personal information is collected, stored, processed and shared. Critics, however, argue that the country still lacks robust enforcement mechanisms, making international data-sharing agreements particularly sensitive.
Implications for Kenya–US Relations and the Health Sector
The suspended pact was expected to channel more than US$1.6 billion into Kenya’s health system over several years, supporting programs related to HIV/AIDS, malaria, maternal health, health workforce development, disease surveillance and other priority areas. The framework also required Kenya to progressively increase its domestic health budget to strengthen long-term sustainability.
Health policy analysts say the court’s intervention underscores the importance of striking a balance between securing foreign assistance and protecting national interests. While the financial support is considered vital—especially at a time when Kenya is grappling with budget constraints—activists argue that data security must remain non-negotiable.
The case also adds to ongoing global debates about how developing countries can protect themselves from potential exploitation or misuse of data by powerful international partners. With digital health systems expanding rapidly across Africa, questions about who controls health information have become more urgent.
What Comes Next
The High Court will set a date for hearing the full petition, during which both COFEK and the government will be required to present detailed arguments and evidence. Until then, the deal remains frozen, delaying the rollout of planned programs and potentially affecting timelines for U.S. funding disbursements.
Legal experts note that the final ruling could set an important precedent for future international agreements involving data transfers and health-sector cooperation—not only for Kenya, but for other African nations navigating similar partnerships.
As the case unfolds, many Kenyans are watching closely, hoping for an outcome that ensures both strong health-sector support and robust protection of personal data.
Source:Africa Publicity
