The High Court has temporarily stopped the government from implementing the recently signed Kenya–US Health Cooperation Framework, handing a major win to Busia Senator Okiya Omtatah, who challenged the agreement on grounds that it threatens the privacy of Kenyans’ health data.
In orders issued on Thursday, Justice Lawrence Mugambi directed that no part of the deal should be operationalised until the case is heard and determined.
The judge specifically barred the State from transferring, sharing, or handling any medical, epidemiological, or other sensitive personal health information under the framework signed on December 4.
“Pending the inter partes hearing and determination of the Petitioner’s Notice of Motion dated 9 December 2025, a conservatory order is hereby issued suspending… the implementation or operationalisation of the Health Cooperation Framework… insofar as it provides for or facilitates the transfer, sharing, or dissemination of medical, epidemiological, or sensitive personal health data,” Justice Mugambi ordered.
Omtatah’s petition
Senator Omtatah rushed to court seeking to stop the rollout of the agreement, arguing that Kenya risked exposing confidential health records without adequate public participation or legal safeguards.
He also asked the court to bar the State from signing contracts, committing public funds, or taking any administrative steps connected to the deal until the matter is fully heard.
The court granted the requests on an interim basis, effectively freezing the framework as the petition moves to a full hearing.
The ruling now sets the stage for a high-stakes legal battle over data protection, sovereignty, and the limits of international cooperation in Kenya’s health sector.
