The High Court has stopped the recently signed Kenya–US health cooperation agreement from taking effect, issuing conservatory orders that temporarily freeze its implementation until a pending petition is fully determined.
The decision is a major development in a case challenging the legality of the Ksh200 billion pact, particularly its provisions on the handling and transfer of personal health data.
Justice Bahati Mwamuye on Tuesday suspended the section of the agreement that allows the transfer, sharing, and management of medical and epidemiological data between the two countries. The judge noted that the contested clauses raise substantial issues touching on privacy rights and constitutional protections.
“A conservatory order is hereby issued suspending, staying, and restraining the respondents, whether by themselves, their agents, or assigns, from implementing or giving effect to the Health Cooperation Framework executed between the Government of Kenya and the Government of the United States of America,” Justice Mwamuye ruled.
He further specified that the suspension exclusively targets the parts of the deal that “provide for or facilitate the transfer, sharing, or dissemination of medical, epidemiological, or sensitive personal health data,” pending full judicial review.
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The bilateral agreement was signed on December 4 in Washington, DC, by Prime Cabinet Secretary Musalia Mudavadi and US Secretary of State Marco Rubio, in a ceremony witnessed by President William Ruto.
Government officials had hailed the pact as a significant step toward enhancing Kenya’s healthcare system, research capacity, and disease surveillance infrastructure.
However, the Consumers Federation of Kenya (COFEK) moved to court shortly after its signing, arguing that the data-related provisions violate constitutional safeguards on privacy and could expose Kenyans’ medical information to unauthorized access and misuse.
COFEK contends that the government failed to guarantee adequate oversight measures before agreeing to international data transfers.
The petition further argues that sensitive health information requires the highest levels of protection, and that any arrangement involving external entities must strictly comply with the Data Protection Act and constitutional standards.
Justice Mwamuye directed that the case be mentioned on February 12 next year before Justice Lawrence Mugambi for compliance checks and to give directions on the expedited hearing of the matter.
The ruling means that any activity related to cross-border data sharing under the agreement will remain frozen until the court issues a final decision.
The pause marks a significant legal hurdle for the high-profile cooperation framework and sets the stage for a closely watched constitutional battle over data sovereignty and public interest in emerging health partnerships.
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