The government has published the comprehensive list of commitments the United States is required to fulfill under the multi-billion shilling health cooperation agreement newly inked between President William Ruto’s administration and that of U.S. President Donald Trump.
The document was made public by Health Cabinet Secretary Aden Duale on Monday, December 8, in keeping with Article 35 of the Constitution that guarantees citizens the right to access information. The release followed growing public interest in the details of the high-profile deal.
The paper outlines the Data Sharing Agreement between Kenya and the U.S., detailing the exact standards, safeguards, and limitations governing access to Kenya’s health data. Government officials say that with health information classified as a national strategic asset under the Digital Health Act of 2023, transparency has been important.
The core of the agreement will be Kenya’s commitment to protecting sensitive health data while still allowing cooperation in disease surveillance, health financing, emergency response, and digital health transformation.
Strict Rules for Data Access
One of the strongest stipulations is that Kenya will not share personal or identifiable health information if not strictly necessary; instead, aggregate, anonymized data would be provided to the U.S., a result of striking a balance between individual privacy and enabling program monitoring and analytics.
The agreement will last for seven years, with data being accessed mostly through secure dashboards, reporting tools, and controlled digital platforms.
Kenya has also pledged to make sure that all digital systems covered under the deal remain up and functional, while the U.S. would have to be notified of any outages or system disruptions which may affect access.
Consequently, Kenya shall have the right to limit or completely restrict the sharing of data if Washington reduces or decides to end funding for the supported health programs.
How the U.S. May use Kenyan Health Data
The U.S. is strictly barred from making use of the Kenyan data in any way, except within the cooperation framework. To try and channel the information to activities unrelated would amount to a breach of the deal.
Storage has also been clearly stipulated: all data shall be stored, archived, and finally disposed of according to Kenyan law and U.S. federal record requirements. Kenya’s standards prevail in case of conflict between the two.
In the event of a data breach or unauthorized access, the U.S. shall notify the Kenyan Government forthwith within timelines defined in Kenyan law and fully document the incident in writing.
Kenya shall retain full ownership and intellectual property rights over shared data. Further, any publications or research papers based on Kenyan health data shall have Kenyan co-authors and be officially approved by the government before release.
Seven-Year Deal Includes Built-In Safeguards
The agreement, inked on December 4 in the presence of President Ruto and U.S. Secretary of State Marc Rubio, is renewable but can only be amended or terminated through written consent from both sides.
Officials say this safeguard ensures Kenya retains clear oversight and control over its strategic health information. With the entire document now in the public domain, the government hopes to reassure Kenyans that even as the partnership promises key benefits in health financing, technology, and emergency preparedness, the country’s sovereignty over its health data remains firmly protected.
