High Court Suspends Kenya-US Ksh 200B Health Cooperation Deal
The High Court has issued conservatory orders halting the Kenya-US health cooperation deal, which was signed last week.
Justice Bahati Mwamuye explicitly suspended the pact’s component governing the transmission of health and personal data. The order effectively suspends this portion of the accord pending additional legal examination.
“A conservatory order is hereby issued suspending, staying, and restraining the respondents, whether by themselves, their agents, or assigns, from implementing or giving effect to the Health Cooperation Framework executed between the Government of Kenya and the Government of the United States of America,” Justice Mwamuye ordered.
“This suspension applies insofar as the agreement provides for or facilitates the transfer, sharing, or dissemination of medical, epidemiological, or sensitive personal health data.”
High Court suspends Kenya–US Ksh200B health deal
— Kenya Digest (@Kenya_Digest) December 11, 2025
The High Court has halted the Kenya–US KSh200B Health Cooperation Framework after issuing conservatory orders suspending all clauses on the transfer of medical and personal data. Justice Bahati Mwamuye ordered the freeze pending a… pic.twitter.com/V3qPCb6pER
Mwamuye instructed that the case be heard before Justice Lawrence Mugambi on February 12 of next year to affirm compliance and to receive instructions on the expedited hearing and determination of the petition.
The Consumers Federation of Kenya (COFEK) filed the action to challenge the Ksh200 billion Kenya-US Health Cooperation Framework Agreement, which Prime Cabinet Secretary Musalia Mudavadi and US Secretary of State Marco Rubio signed in Washington on December 4.
COFEK contended in court filings that the arrangement violated the Constitution and the health code, and that it was carried out quietly.
High Court halts implementation of Kenya-U.S health deal until petition filed @Cofek_Kenya is heard and determined #Khendonews pic.twitter.com/SKYsqQpiEq
— Khendo FM, Kenya (@khendofm_kenya) December 11, 2025
“Once Kenya’s medical and epidemiological data is transferred abroad, the harm becomes permanent and irreversible,” the lobby told the court.
“Neither this honorable court nor Kenyan regulators would have the power to recall, restrict, or oversee how such data is used overseas.”
Adding that, “This exposes citizens to lasting privacy violations, stigma, and potential misuse of their information. The irreversible nature of this harm points to the urgency of the matter.”
On Wednesday, President William Ruto tried to refute allegations that the US administration duped Kenya into signing the health cooperation agreement, which has triggered heated controversy over data security.
Ruto explained that the Kenyan government began the talks, not Washington, as several media and social media reports had claimed.
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He was speaking at the 12th National and County Governments Coordinating Summit at State House, Nairobi.
According to the president, before signing the agreement, officials from the U.S. State Department visited Nairobi for extensive negotiations under a framework that Kenya had proposed.
The signing, which followed, was merely a formalization of a pact already negotiated.
Kenya -US Health cooperation agreement worth 1.6billion ( 200Billion ) for the next 5 years pic.twitter.com/I7vIt90PMa
— Hon. Aden Duale, EGH (@HonAdenDuale) December 4, 2025
The Head of State also affirmed that before the deal was signed, Attorney General Dorcas Oduor was fully briefed on its progress and cleared all legal issues relating to data privacy, assuring that the agreement contained no loopholes.
High Court Suspends Kenya-US Ksh 200B Health Cooperation Deal
