The High Court has temporarily stopped the rollout of the recently signed Kenya–US Health Cooperation Framework, issuing orders that freeze any actions related to its implementation until a full hearing is conducted. Justice Lawrence Mugambi granted the conservatory orders following a petition filed by Senator Okiya Omtatah, who argued that the agreement poses significant risks to the privacy and protection of Kenyans’ sensitive health information.
Court Blocks Transfer and Sharing of Sensitive Health Data
In the interim orders, Justice Mugambi directed that no government entity involved in the agreement should proceed with any part of the framework that involves handling or transmitting personal health-related information. The judge ruled that, until the matter is heard and determined, the respondents, whether acting directly or through agents, must refrain from enforcing provisions that allow the transfer, sharing, or dissemination of medical or epidemiological data.
According to the court order, the agreement signed on 4 December 2025 is to remain suspended strictly in relation to sections dealing with sensitive health data. The judge emphasized that this pause is necessary to prevent any possible violation of privacy rights while the legality of the framework is reviewed.
Omtatah’s Petition Triggers Broad Protective Measures
Senator Omtatah moved to court seeking to stop the government from activating any part of the bilateral health agreement, expressing fears that the framework could expose confidential medical information to external parties without adequate safeguards.
Beyond halting the sharing of data, Omtatah also asked the court to bar the government from spending public funds, entering into contracts, or initiating any policy activities tied to the cooperation framework.
The court agreed to these requests on a temporary basis, effectively freezing all government actions related to the deal until the petition is fully heard.
What Happens Next?
The matter will now proceed to an inter partes hearing where all parties will present arguments on the legality and implications of the agreement. The conservatory orders will remain in place until the court makes a final determination.
This case has already sparked public debate, with questions arising about how Kenya handles digital health information, the sovereignty of patient data, and the transparency of international agreements involving sensitive national records.
