Busia Senator Moves to Court to Halt Ksh.208B Kenya-US Health Deal

By : Mweru Mbugua

Busia, Kenya  Senator Okiya Omtatah has filed a court case seeking to suspend and stop the implementation of the Ksh.208 billion (US$2.5 billion) Cooperation Framework on Health between the Government of Kenya and the United States, signed on December 4, 2025, in Washington

In his petition, Omtatah is requesting a temporary court order preventing the government from “implementing, operationalising, and executing” the agreement, arguing that the deal was signed without public participation or parliamentary approval

“The Constitution mandates that all state actions affecting the public must involve meaningful public participation

No consultations were held with health stakeholders, civil society, or affected members of the public before the signing,” Omtatah submitted

The Senator further warns that the agreement, which would see the U.S. government inject funds directly into Kenyan health institutions over the next five years, could infringe on citizens’ rights to health and risks mismanagement of the funds

“Direct channelling of funds through government institutions, bypassing third-party oversight, lacks safeguards against mismanagement

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Kenya’s commitment to match the U.S. funding could strain the national budget and divert resources from grassroots health needs,” he added

Omtatah also claims that the signing process bypassed Parliament, undermining legislative authority and the sovereignty of the Kenyan people

He argues that international agreements like this qualify as treaties under Kenyan law and require parliamentary ratification before coming into force

The court is yet to set a date for hearing the case