Hardly a week after his explosive exposé on the Kenya-United States health deal, prominent whistleblower Nelson Amenya is facing a legal challenge over claims of false publication.
A group of Community Health Promoters (CHPs) filed a petition in the High Court of Kenya at Nairobi, seeking to compel Amenya to stop publishing further misinformation regarding the Ksh207 billion health deal between Kenya and the United States.
In their petition, filed on Wednesday, December 10, the CHPs accused Amenya of “reportedly circulating false, misleading and sensational claims suggesting that Kenya had surrendered control of its health system to a foreign nation.”
The petitioners said Amenya’s posts have caused widespread mistrust and hostility, disrupting CHPs’ routine household visits.
“Our routine data collection has been interrupted, and essential public health programmes have been compromised, directly affecting the health and safety of the very people we serve,” they stated.
To curb the alleged misinformation, the CHPs are asking the court to order Amenya to delete the posts and issue a public correction.
The petition cites Articles 28, 33(2), 35, and 43 of the Constitution, noting that Amenya’s posts violate the constitutional right to health, access to accurate information, and human dignity.
In a certificate of urgency submitted with the petition, Dickson Khamonya, representing the CHPs, explained: “The Respondent’s false and misleading online statements concerning public health matters have caused widespread public confusion, fear and mistrust. As a result, Community Health Promoters are facing resistance and hostility in the course of their work.”
The petitioners are seeking several remedies, including a declaration that Amenya’s statements constitute false publication and unprotected expression under Article 33(2), a mandatory order compelling him to remove the posts from X (Twitter) and other platforms, a permanent injunction restraining further unverified statements relating to public health, and general damages for violation of constitutional rights.
High Court judge Bahati Mwamuye has ordered the petitioners to serve Amenya with the pleadings by close of business on December 1o,2025.
Amenya was ordered must file responses by January 30, 2026.
A mention before Hon. Mr. Justice Lawrence N. Mugambi is scheduled for March 11, 2026, to confirm compliance and take further directions.
