High Court halts implementation of Kenya-US deal pending hearing

The High Court of Kenya has temporarily stopped the implementation of the health cooperation framework between Kenya and the United States that was signed on December 4, 2025.

Justice Chacha Mwita of the Milimani High Court issued conservatory orders on Friday barring the agreement in its entirety, pending the hearing and determination of a petition challenging its legality.

The ruling was delivered following a petition filed by Busia Senator Okiya Omtatah, who argues that the framework was signed without public participation or parliamentary approval.

He also raised concerns over data protection, fiscal responsibility, and the potential impact on kenya’s right to equitable healthcare.

“Orders in this case were on a myriad of issues concerning the sovereignty of the republic, principles of public finance, role of county governments, supremacy of the constitution and data transfer,” Omtatah noted.

“The argument is that data belongs to an individual not the State, cannot be aggregated, collected or exchanged without the express consent of the affected individual.”

The High Court had also issued earlier orders, ex-parte, barring the implementation of the deal after the Consumers Federation of Kenya (COFEK) argued that there was a violation on the transfer, sharing, or dissemination of medical, epidemiological, or other sensitive personal health data.