The government has been allowed to continue implementing the multi-billion Kenya-US Health Cooperation Framework after the Court of Appeal temporarily lifted orders that had stopped the programme.
In a ruling delivered in Nairobi on Tuesday, May 12, the appellate court suspended earlier High Court orders that had blocked the agreement over legal and privacy concerns.
With this judgement, the Kenyan government and the USA can pursue their healthcare partnership as the legal challenge continues in court.
This appeal had been brought forth by the Attorney General’s office against Okiya Omtatah and Katiba Institute, the two who had opposed the healthcare partnership because it posed a threat to the handling of citizens’ private and health information.
The judges indicated that the interim orders that were to allow the project to proceed would stand valid up until 30 October 2026 when a comprehensive judgement will be delivered.
The five-year deal between the two countries is estimated to be worth Ksh322 billion ($2.5 billion).
This deal will see improved health care in Kenya through provision of support to HIV, TB and malaria programs. Other key focus areas of this partnership include emergency readiness, digital healthcare, workforce and supply chain.
Kenya became the first African country to sign the deal under a new United States bilateral health support programme.
The agreement was signed in December 2025 by Prime Cabinet Secretary Musalia Mudavadi and US Secretary of State Marco Rubio in the presence of President William Ruto.
At the time, President Ruto said the partnership showed growing international confidence in Kenya’s healthcare reforms and long-term development plans.
The government also defended the programme, saying it would support the country’s Universal Health Coverage plans, Vision 2030 and the Bottom-Up Economic Transformation Agenda by strengthening local healthcare institutions instead of relying heavily on donor-run systems.
However, the agreement faced criticism soon after it was announced. Critics questioned some clauses linked to sharing and handling health data, while others argued Parliament had not been fully involved before the deal was signed.
In December 2025, the High Court suspended the implementation of the framework after Justice Bahati Mwamuye issued conservatory orders blocking parts of the agreement, especially those touching on data-sharing.
The suspension later led to the United States pausing full implementation of the programme in February as both countries waited for further court direction.