Court Suspends Kenya-US Health Agreement Over Data Privacy Concerns
Justice Lawrence Mugambi directed that, until the case is fully heard, the respondents are barred from implementing, operationalizing, or giving effect to any provisions of the framework that involve the transfer, sharing, or dissemination of medical, epidemiological, or other sensitive personal health data
By : Mweru Mbugua
The High Court has issued orders halting the implementation of the Health Cooperation Framework between the Government of Kenya and the United States, signed on December 4, 2025, pending a full hearing of the matter
Justice Lawrence Mugambi directed that, until the case is fully heard, the respondents are barred from implementing, operationalizing, or giving effect to any provisions of the framework that involve the transfer, sharing, or dissemination of medical, epidemiological, or other sensitive personal health data
“Pending the inter partes hearing and determination of the Petitioner’s Notice of Motion dated December 9, 2025, a conservatory order is hereby issued suspending, staying, and restraining the respondents… from implementing, operationalizing, or otherwise giving effect to the Health Cooperation Framework… insofar as it provides for or facilitates the transfer, sharing, or dissemination of medical, epidemiological, or sensitive personal health data,” reads the court order
The orders follow a case filed by Senator Okiya Omtatah, who sought to stop the rollout of the framework, citing risks to the protection of Kenyans’ sensitive health information
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Omtatah also requested that the court prohibit the government from spending public funds, entering into contracts, or implementing any policy measures under the agreement
The High Court granted these requests on an interim basis while the matter proceeds to a full hearing
The case will now await a comprehensive hearing to determine the final outcome of the Kenya-US health agreement
