The High Court has suspended the recently signed health cooperation agreement between Kenya and the United States, issuing conservatory orders that halt its implementation.
Justice Bahati Mwamuye specifically stopped the clause permitting the transfer and sharing of health and personal data, pending a full legal review. The judge ordered that no state agency or representative should act on or enforce this aspect of the pact until the case is heard.
In this ruling, Justice Mwamuye emphasized that the suspension strictly applies to any provision enabling the transfer, dissemination, or sharing of medical, epidemiological, or sensitive personal health information. The case is scheduled for mention on February 12 before Justice Lawrence Mugambi to confirm compliance with the interim orders and set timelines for an expedited hearing.
The petition was filed by the Consumers Federation of Kenya (COFEK), which is challenging the Ksh 200 billion agreement signed in Washington on December 4 by Prime Cabinet Secretary Musalia Mudavadi and U.S. Secretary of State Marco Rubio. COFEK argues that the deal violates Kenya’s Constitution, contravenes health data laws, and was negotiated without transparency. The lobby warned the court that transferring medical data abroad would cause irreversible harm, exposing citizens to lasting privacy breaches and potential misuse.
COFEK further submitted that once Kenya’s epidemiological records leave the country, neither local authorities nor the courts would have the power to control how foreign entities use the information. This, they said, presents a permanent risk of stigma and long-term privacy violations, underscoring the urgency of suspending the agreement until the petition is fully heard.
On Wednesday, President William Ruto sought to allay public concerns, dismissing claims that the United States pressured Kenya into the pact. Addressing the National and County Governments Coordinating Summit, Ruto clarified that Kenya initiated the negotiations and that U.S. officials had visited Nairobi for extensive discussions. He added that Attorney General Dorcas Oduor reviewed and cleared all legal issues, assuring that the agreement contains no loopholes on data protection.