The High Court has issued conservatory orders suspending the health cooperation agreement signed last week between Kenya and the United States.
Justice Bahati Mwamuye halted the section of the pact that involves the transfer of health and personal data, effectively freezing its implementation pending a full legal review.
The court directed that the government and its agencies cease any actions that would operationalize the agreement, particularly provisions that enable the transfer, sharing, or dissemination of medical, epidemiological, or other sensitive personal health data.
Court Suspends Controversial Ksh 200B Kenya–U.S. Health Data Arrangement. Photo: Courtesy.
Mwamuye directed that the matter be mentioned on February 12 before Justice Lawrence Mugambi to confirm compliance and set directions for an expedited hearing.
The petition was filed by the Consumers Federation of Kenya (COFEK), which is challenging the Ksh200 billion Kenya–US Health Cooperation Framework Agreement signed in Washington on December 4 by Prime CS Musalia Mudavadi and U.S. Secretary of State Marco Rubio.
COFEK argues that the deal breaches constitutional and health laws and was concluded without transparency.
The lobby warns that exporting Kenya’s medical and epidemiological data would cause irreversible harm, including loss of regulatory control and potential privacy violations.
