Principal Secretary for Medical Services Dr Ouma Oluga chaired the sixth Joint Health Cooperation Framework Steering Committee meeting, bringing together senior officials from Kenya and the United States to assess progress in implementing the agreement.

The meeting was attended by US Deputy Chief of Mission Carla Bernini, Head of the Project Management Unit Dr Mohammed Abdi Sheikh and representatives of the Council of Governors, National Treasury and technical partners.

Discussions centred on the transition of US-supported health programmes to greater Kenyan government leadership, with officials reviewing financing arrangements, implementation timelines and measures to minimise risks during the transition.

The programmes covered under the framework include HIV, tuberculosis, malaria, maternal and child health, and preparedness and response to disease outbreaks.

Officials said the objective is to ensure that the programmes remain sustainable as Kenya gradually assumes greater responsibility for financing and managing services previously heavily supported by the United States.

The Kenya-US Health Cooperation Framework was signed in December 2025 under the America First Global Health Strategy.

Under the five-year arrangement, the United States plans to provide up to $1.6 billion in health assistance, while Kenya has committed to increasing domestic health spending by about $850 million as American support declines.

The government has described the agreement as a shift from traditional donor-driven programmes towards a government-to-government model in which Kenya takes greater ownership of its health priorities.

Oluga, who led Kenya’s negotiating team, has strongly defended the agreement, describing it as a major departure from previous arrangements.

“This cooperation framework is quite a departure from the past and will have a lasting impact on health for all,” Oluga said during the signing of the agreement.

“I can confirm we promoted the best interests of our people ensuring critical service certainty as well as alignment with Kenya government agenda in spirit and letter of every paragraph,” he added.

Oluga later described the agreement as the best health deal Kenya had negotiated, saying he had placed his professional reputation behind it.

However, implementation of the framework has faced legal and public scrutiny since it was signed.

The High Court temporarily halted implementation in December 2025 following petitions challenging aspects of the agreement, particularly provisions concerning the sharing and protection of health data.

The petitioners, including Busia Senator Okiya Omtatah and civil society organisations, raised concerns that sensitive information involving Kenyans living with HIV, tuberculosis patients and other healthcare users could be exposed through data-sharing arrangements.

They also argued that the agreement had been entered into without adequate public participation and parliamentary approval.

The Court of Appeal subsequently stayed the High Court’s suspension, allowing preparations for implementation of the framework to continue.

The deal has also generated concerns among county governments, which play a central role in delivering healthcare services under Kenya’s devolved system.

Counties have argued that they need to be adequately involved in the transition because they are responsible for most frontline health services.

At Thursday’s meeting, officials appeared focused on addressing those concerns while keeping the partnership on course.

The discussions included county consultations, co-financing arrangements and transition timelines intended to prevent disruption of essential services as US funding gradually reduces.

Bernini and Kenyan officials also presented the partnership as mutually beneficial, arguing that stronger health systems in Kenya would improve disease surveillance and outbreak preparedness, with benefits extending beyond the country’s borders.

The government maintains that greater domestic financing and leadership will ultimately strengthen Kenya’s health system and reduce dependence on external donors.

But questions over the agreement’s legality, data protection, county participation and Kenya’s ability to meet its increased financial commitments remain unresolved.

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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.

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