Omtatah Moves to Block Government Bid to Stay US-Kenya Health Deal Orders
In his submissions opposing the move by Attorney General Dorcas Oduor and Health Cabinet Secretary Aden Duale, Omtatah argued that the state had failed to meet the legal threshold for relief under Rule 5(2)(b) of the Court of Appeal Rules, 2010
By : Mweru Mbugua
Busia Senator Okiya Omtatah has urged the Court of Appeal to dismiss a government application seeking to suspend High Court orders that halted the implementation of the Health Cooperation Framework between Kenya and the United States
In his submissions opposing the move by Attorney General Dorcas Oduor and Health Cabinet Secretary Aden Duale, Omtatah argued that the state had failed to meet the legal threshold for relief under Rule 5(2)(b) of the Court of Appeal Rules, 2010
He contended that the intended appeal is neither arguable nor would it be rendered meaningless if a stay were denied
The senator emphasized that the High Court’s ruling was interlocutory and preservative, designed only to maintain the status quo while serious constitutional questions raised in the petition are fully determined
“The conservatory orders are preservative, not punitive, and necessary to safeguard issues touching on public participation, parliamentary oversight, data protection, public finance management, and devolution,” Omtatah said
Addressing claims of urgency, he dismissed arguments that suspending the Framework would collapse healthcare services as speculative and unsupported, noting that existing health programmes continue under established funding mechanisms
Omtatah further challenged the government’s claims of procedural unfairness, stating that executive actions in foreign relations are subject to constitutional scrutiny
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He also noted that the Framework, despite being labeled “non-binding,” imposes mandatory obligations and financial commitments, effectively making it a treaty requiring parliamentary ratification
He argued that allowing implementation to proceed before the petition is determined could result in irreversible constitutional violations, particularly concerning data protection, public finance, and devolution
Omtatah urged the court to prioritize constitutional compliance, transparency, and the rule of law over expediency
