The High Court has issued orders suspending sections of the multi-billion-shilling Kenya–US Health Cooperation Framework.
Justice Bahati Mwamuye barred the Government of Kenya from transferring or sharing any medical or sensitive health data of Kenyans with President Donald Trump led-government pending the hearing of a petition filed by the Consumers Federation of Kenya (COFEK) challenging the safety and legality of the deal.
“Pending the inter-partes hearing and determination of the applicant’s Notice of Motion Application dated 09/12/2025, a conservatory order be and is hereby issued suspending, staying and/or restraining the Respondents…from implementing, operationalizing, or howsoever giving effect to the Health Cooperation Framework executed between the Government of Kenya and the Government of the United States of America on or about December 4, 2025, insofar as it provides for or facilitates the transfer, sharing or dissemination of medical, epidemiological or sensitive personal health data,” Justice Mwamuye ordered.
The petition, filed by COFEK through lawyerTali Tali contends that the Sh 208 billion agreement, executed on December 4, 2025, threatens the privacy of millions of Kenyans and violates constitutional and statutory safeguards.
The Framework requires Kenya to share extensive medical data, including information on HIV/AIDS, tuberculosis, malaria, maternal and child health, and disease surveillance, forming part of the country’s strategic health-security infrastructure.
COFEK argues that the deal was executed without proper parliamentary oversight and lacked public participation, contrary to constitutional principles of transparency, accountability, and integrity under Article 10.
“Despite its significant implications, the Framework was not subjected to the constitutional principles of good governance… The process was therefore opaque and constitutionally improper,” the petition states.
The petitioners further warned that once Kenya’s medical and epidemiological data is transferred abroad, the harm becomes permanent and irreversible.
“Neither this Honourable Court nor Kenyan regulators will have the power to recall, restrict or oversee the foreign use of such data. This exposes citizens to lasting privacy violations, stigma and potential misuse of their information,” the lobby group adds.
Justice Mwamuye ordered COFEK to serve the Cabinet Secretary of the Ministry of Foreign Affairs, the Cabinet Secretary of the Ministry of Health, the Digital Health Agency, the Office of the Data Protection Commissioner, the National Assembly of Kenya, the Senate, and the Attorney General with the pleadings by December 17, 2025.
The government has been ordered to file their responses by January 16, 2026.
The case will be mentioned on February 12, 2026 before Justice Lawrence Mugambi to confirm compliance and provide directions on an expedited hearing.
