Duale Dismisses Privacy Fears, Defends Ksh.208B Kenya–US Health Deal
He explained that only aggregated, non-identifiable data may be shared and emphasised that the framework is anchored on the Data Protection Act, 2019, and the Digital Health Act, 2023
By : Mweru Mbugua
Health Cabinet Secretary Aden Duale has defended the multi-billion-shilling Kenya–US Health Cooperation Framework, assuring the public that the agreement is lawful, secure, and fully compliant with Kenya’s data protection laws
In a statement on Friday, Duale said the Ksh.208 billion deal was carefully drafted to safeguard Kenya’s sovereignty, stressing that no personal health information will be exposed despite rising concerns and a recent High Court order suspending data-sharing components of the pact
He explained that only aggregated, non-identifiable data may be shared and emphasised that the framework is anchored on the Data Protection Act, 2019, and the Digital Health Act, 2023
He added that the agreement’s “supremacy clause” ensures Kenyan law prevails in any conflict
Duale acknowledged the court’s role in protecting citizens’ rights but noted that the conservatory orders issued last week only apply to data-sharing provisions, not the entire partnership
He expressed confidence that once the court reviews the full documentation, it will find the agreement constitutionally sound and aligned with Kenya’s legal framework
The CS maintained that the Kenya–US partnership is designed to strengthen the country’s health security, enhance disease surveillance, support emergency preparedness, and improve access to essential health services
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Kenya signed the Ksh.208 billion pact early this month, becoming the first African nation to adopt a government-to-government health funding model with the United States
The framework prioritises investment in national systems such as KEMSA, the Social Health Authority, the Digital Health Authority, and the National Public Health Institute
The High Court had earlier halted the implementation of sections involving the transfer of sensitive health data following a petition by Senator Okiya Omtatah. The government has since appealed the order
