Kenyan court halts rollout of $1.6bn health deal with the United States

Regulation: Suspension of Kenya-US Health Partnership

Kenya’s High Court has temporarily halted the implementation of a health partnership agreement between Kenya and the United States. This decision will remain in effect until a legal challenge, initiated by the Consumers Federation of Kenya (COFEK), is resolved.

Justice Bahati Mwamuye issued the temporary order, following COFEK's argument that the agreement violates several laws and endangers personal health data of Kenyans. The government is prohibited from "implementing or giving effect" to the Health Cooperation Framework signed on Tue, Dec 4, 2023, in Washington, DC. The suspension specifically targets provisions involving the transfer or sharing of medical and other sensitive health information.

COFEK has been directed to serve the petition and court orders to all relevant officials by Sun, Dec 17, 2023. The government has a deadline of Tue, Jan 16, 2024, to submit its response. Further court proceedings are scheduled for Mon, Feb 12, 2024, before Justice Lawrence Mugambi.

The agreement, valued at Sh208 billion, was signed by Prime Cabinet Secretary Musalia Mudavadi and US Secretary of State Marco Rubio, with President William Ruto in attendance. COFEK contends that the public was not consulted, despite the deal involving access to citizens’ health information. The organization claims that the pact contravenes the Data Protection Act, the Digital Health Act, the Health Act, and new Digital Health Data Exchange regulations, all of which mandate stringent safeguards for data sharing.

Stephen Mutoro, COFEK’s secretary-general, alleges that the government has initiated parts of the agreement without public participation, violating Kenya’s Constitution and the right to privacy. Health Cabinet Secretary Aden Duale, Mudavadi in his capacity as Foreign Affairs CS, and Attorney General Dorcas Oduor are named as respondents in the case.

Busia Senator Okiya Omtatah has filed a separate petition seeking similar orders to halt the agreement. Omtatah's petition calls for the suspension of any government expenditure, contract signings, or enforcement of the health framework until the case is concluded. He argues that the agreement's structure, which channels funds directly through government ministries without external oversight, could lead to mismanagement. Furthermore, Omtatah estimates that Kenya's commitment to match US funding could impose an additional cost of approximately US$850 million on the national budget.

Omtatah also warns that the agreement could compromise Kenyans' rights to health and equality by linking US support to political conditions and "reform momentum," which may align more with American foreign policy interests than ensuring equitable healthcare access.

Based on reporting by Africanews.