The High Court has suspended the implementation of the recently signed health cooperation agreement between Kenya and the United States, citing concerns over the transfer of personal and medical data.
In a ruling delivered on Thursday, Justice Bahati Mwamuye issued conservatory orders freezing the section of the pact that deals with the sharing and transfer of health and epidemiological data, pending a full hearing of the case.
“A conservatory order is hereby issued suspending, staying, and restraining the respondents, whether by themselves, their agents, or assigns, from implementing or giving effect to the Health Cooperation Framework executed between the Government of Kenya and the Government of the United States of America,” Justice Mwamuye directed.
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“This suspension applies insofar as the agreement provides for or facilitates the transfer, sharing, or dissemination of medical, epidemiological, or sensitive personal health data.”
The suspended deal, valued at Ksh200 billion, was signed in Washington on December 4 by Prime Cabinet Secretary Musalia Mudavadi and U.S. Secretary of State Marco Rubio. President William Ruto witnessed the signing alongside senior government officials.
The case was filed by the Consumers Federation of Kenya (COFEK), which argued that the agreement violates the Constitution and national health laws, adding that it was negotiated “discreetly” and without adequate public disclosure.
COFEK warned that transferring Kenya’s medical data abroad would expose citizens to permanent and irreversible harm, asserting that once data leaves the country, neither Kenyan regulators nor the courts would have jurisdiction to control, recall, or monitor its usage.
“Once Kenya’s medical and epidemiological data is transferred abroad, the harm becomes permanent and irreversible,” the lobby argued in court. “This exposes citizens to lasting privacy violations, stigma, and potential misuse of their information.”
Justice Mwamuye ordered the matter to be mentioned on February 12, 2026, before Justice Lawrence Mugambi for compliance confirmation and to give directions for an expedited hearing.
Meanwhile, President William Ruto, speaking on Wednesday during the 12th National and County Governments Coordinating Summit at State House, Nairobi, dismissed claims that Kenya was pressured or misled into signing the agreement.
Ruto clarified that it was Kenya—not Washington—that initiated talks on the partnership, following a proposal submitted during earlier engagements with U.S. officials.
According to the president, a delegation from the U.S. State Department held extensive negotiations in Nairobi before the parties formalized the deal in Washington.
He further assured that Attorney General Dorcas Oduor had thoroughly vetted the framework and cleared any legal issues regarding data privacy.
“There were no loopholes,” Ruto emphasized, insisting that the agreement was above board and in Kenya’s interest.