On December 4, 2025, Kenya’s High Court issued interim orders suspending the implementation of a newly signed health cooperation framework between Kenya and the United States, following two legal petitions that questioned the legality of the agreement. The court directed that the deal should not be operationalised until the constitutional issues raised are heard and determined.
The memorandum of understanding (MoU), signed earlier in December 2025, outlines broad areas of cooperation between the two countries, including disease surveillance, health research, data systems and workforce development. Government officials have described the agreement as a long-term partnership aimed at strengthening Kenya’s public health capacity and attracting significant financial and technical support.
However, concerns were raised almost immediately after the signing. The Consumer Federation of Kenya (COFEK) filed a petition arguing that the agreement could allow the transfer and use of sensitive personal health data without adequate public safeguards. COFEK stated that Kenyans were not sufficiently informed about how their medical data could be collected, stored or shared under the framework.
“This agreement was entered into without transparency and without adequate consumer protection mechanisms,” COFEK said in its court filing, adding that health data is “among the most sensitive categories of personal information and must be protected under the Constitution and existing statutes.”
A separate petition was filed by Busia Senator Okiya Omtatah, who argued that the agreement was unconstitutional due to the lack of parliamentary approval and public participation prior to its execution. In his filing, Omtatah said, “International agreements that impose obligations on Kenya cannot be implemented without the involvement of Parliament, as required by the Constitution.”
The petitioners further contend that aspects of the MoU may conflict with the Data Protection Act, the Health Act, and laws governing biomedical research and cross border data transfers. They have asked the court to declare the agreement null and void unless proper legal procedures are followed.
In response, government officials have maintained that the health deal is a standard cooperation framework that does not override Kenyan law. Speaking after the court order, a government representative said, “Kenya retains full sovereignty over its health systems and data. The partnership with the United States is intended to complement existing structures, not replace them.”
The High Court’s temporary suspension underscores growing public scrutiny over international health agreements, particularly those involving data sharing and research collaboration. The matter is scheduled for further hearings later in December 2025, when the court is expected to give directions on whether the agreement can proceed, be amended, or be permanently halted.
Until then, implementation of the Kenya US health cooperation framework remains on hold.
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