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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Delivering the ruling in the case Justice Bahati Mwamuye granted the orders sought by the petitioners restraining four individuals from taking oath or performing any functions as chairperson or members of the MCK Board.

The petitioners, Issa Elanyi Chemao and two others,had filed an application dated August 4, 2025, seeking conservatory orders to stop the appointments made through Kenya Gazette Notices No. 10091 and 10092 of July 25, 2025.

In his detailed ruling, Justice Mwamuye found that while the initial ex parte orders issued on August 5, 2025, were improperly obtained due to “material non-disclosure”, the petitioners nonetheless met the legal threshold for the issuance of conservatory orders after a full inter partes hearing.

“Having carefully considered the pleadings, affidavits, and submissions of all parties, I am persuaded that the petitioners have demonstrated a prima facie case with a likelihood of success,” Justice Mwamuye stated.

“Accordingly, conservatory orders are hereby issued staying further implementation of the impugned gazette notices.”

The orders effectively restrain Joseph Maina Muiruri, Susan Karago, Timothy Wanyonyi, and Tabitha Mutemi from assuming office, taking oath, or performing any functions as chairperson and members of the Media Council of Kenya until January 22, 2026, unless the orders are extended by the court.

“The conservatory orders issued shall lapse on January 22, 2026, unless otherwise extended,” the judge ruled.

On the issue of costs, the court allowed the Notice of Motion dated August 7, 2025, filed by the 1st and 3rd Respondents — the Cabinet Secretary for ICT and another respondent, who had sought to set aside the ex parte conservatory orders of August 5.

Justice Mwamuye found merit in the application to that extent.

“The ex parte orders are hereby set aside, and costs assessed at KSh150,000 are awarded to the 1st and 3rd Respondents, payable by the Petitioners within 45 days,” the judge directed.

However, Justice Mwamuye made no order as to costs regarding the petitioners’ substantive application dated August 4, noting that the matter raised important constitutional questions that warrant full hearing.

The court further issued a case management timetable, directing all parties to exchange submissions ahead of the scheduled judgement early next year.

“The petitioners shall file and serve any further affidavit and written submissions by October 31, 2025,” the judge directed.

“The respondents and interested parties shall file their submissions by November 21, 2025, and any rebuttal submissions, if necessary, shall be filed by December 10, 2025.”

The matter will then proceed for highlighting of submissions on December 15, 2025, with judgement scheduled for January 22, 2026, both sessions to be conducted virtually at 10:30 a.m.

The case challenges the legality and transparency of the recent appointments to the Media Council of Kenya Board, arguing that the process allegedly contravened constitutional and statutory requirements.

The respondents, represented by State Counsel from the Office of the Attorney General, had opposed the petition, arguing that due process was followed in the appointments and that the applicants had not demonstrated a violation of the Constitution.

The interim orders now halt any action relating to the swearing-in or official commencement of duties by the contested board members, pending final determination of the petition early next year.

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