Health Cabinet Secretary Aden Duale has sought to reassure Kenyans that the recently signed Kenya–US Health Cooperation Framework is lawful, tightly regulated, and designed to strengthen the country’s health system without compromising citizens’ personal data.
In a statement on Friday, Duale said the Ksh.208 billion partnership, signed earlier this month, was carefully structured to protect Kenya’s sovereignty, data ownership, and intellectual property. His remarks come amid ongoing public concern following a High Court order that temporarily suspended certain data-sharing provisions of the agreement.
“The Government wishes to reassure the public regarding the integrity and intent of the Health Cooperation Framework and Data Sharing Agreement with the United States,” Duale said. “This model enhances accountability and supports Universal Health Coverage, while ensuring that only aggregated, non-identifiable data is shared.”
The Cabinet Secretary emphasized that the agreement is anchored firmly in Kenyan law, including the Data Protection Act of 2019 and the Digital Health Act of 2023. He highlighted a “supremacy clause” ensuring that Kenyan law prevails in the event of any legal conflict.
Duale also clarified that the court’s conservatory orders only affect the provisions on data sharing and do not halt the wider partnership. “We fully recognize and respect the crucial role of the courts in safeguarding the rights of Kenyans. The current orders are specific to data transfer and do not suspend the broader health collaboration,” he said.
He expressed confidence that once the courts review the full documentation, they will find the deal fully compliant with the Constitution and existing statutes. “We believe the Court will affirm that all legal processes were followed and that this partnership is in the best interest of Kenya,” he added.
The CS underscored that the framework aims to boost Kenya’s health security by strengthening disease surveillance, emergency preparedness, and access to essential health services.
Through this partnership, U.S. resources will be channeled into national systems, including the Social Health Authority, Digital Health Authority, KEMSA, and the National Public Health Institute, marking a shift from donor-led programs to locally managed investments.
The High Court’s ruling earlier this month, following a petition by Senator Okiya Omtatah, had temporarily blocked any sections of the agreement involving the transfer or sharing of sensitive health data. The government has since challenged this order in court.
Duale concluded by reassuring Kenyans that the partnership is carefully designed to protect their interests while enhancing the country’s capacity to respond to health emergencies.
