Busia Senator Okiya Omtatah has filed a petition seeking to stop the implementation of the Ksh.208 billion Kenya–United States health cooperation framework signed in Washington on December 4, 2025.
The agreement, valued at USD 2.5 billion, aims to channel major U.S. investments into Kenya’s health sector over the next five years.
In his application, Omtatah is asking the court to issue temporary conservatory orders suspending any actions geared toward operationalizing or executing the pact.
He argues that the agreement was signed without public participation and parliamentary approval, making it unconstitutional.
According to the Senator, the Constitution requires all state decisions that affect the public to involve meaningful consultations.
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He claims that no engagement was conducted with health workers, civil society groups, or the general public before the deal was endorsed in Washington.
Omtatah warns that allowing the agreement to take effect without oversight risks violating key constitutional provisions.
He insists the process “denied Kenyans a voice,” rendering it arbitrary and exclusionary, and potentially infringing on citizens’ right to health.
He further faults the government for what he describes as the rushed signing of an international agreement that, in his view, qualifies as a treaty.
Such agreements, he submits, must undergo executive negotiation followed by parliamentary ratification before entering into force. Skipping these steps, he argues, undermines Parliament’s authority and the sovereignty of the people.
The petition also raises concerns over the handling of the billions expected to flow directly from the U.S. government into Kenyan institutions.
Omtatah notes that eliminating third-party intermediaries may expose the funds to mismanagement, given Kenya’s history of public finance challenges.
Additionally, he criticizes Kenya’s commitment to match part of the U.S. funding—estimated at USD 850 million—warning that it could strain the national budget and divert resources from essential grassroots health needs.
The court is expected to review the application as public debate intensifies over the implications of the landmark agreement.
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