Busia Senator Okiya Omtatah has filed a petition in court seeking to suspend the recently signed Cooperation Framework between Kenya and the United States, arguing that the multibillion-shilling health agreement was pushed through without public participation or parliamentary approval.
The framework, signed on December 4, 2025, paves the way for a US$2.5 billion (approximately KSh208 billion) US investment into Kenya’s health sector over the next five years. But in his application, Omtatah wants the court to issue conservatory orders stopping the government from “implementing, operationalising, or executing” the agreement until the case is heard and determined.
The Senator argues that the deal violates key constitutional principles by excluding Kenyans from the decision-making process. He says the agreement was signed “without any form of public participation,” despite its intended impact on national health policy and spending.
“Unless conservatory orders issue, there is a real risk of the violation of express provisions of the Constitution as the respondents implement the Framework,” Omtatah says in his petition.
He adds that the Constitution requires meaningful public involvement in decisions affecting the public, yet no consultations were conducted with health workers, civil society groups or members of the public before the agreement was signed.
Omtatah further warns that the framework, as currently drafted, could undermine Kenyans’ right to health. “Kenyans were denied a voice, rendering the process arbitrary and exclusionary,” he submits.
The Senator also claims the agreement was rushed and bypassed key legal requirements. He maintains that the Framework qualifies as a treaty under the Treaty Making and Ratification Act, meaning it should have been negotiated by the Executive and subsequently submitted to Parliament for ratification before taking effect.
“The rushed signing, bypassing Parliament, usurps legislative authority and undermines the sovereignty of the people who delegated sovereign power to Parliament,” the documents state.
Omtatah also raises concerns about the direct transfer of funds to government institutions, saying the arrangement eliminates third-party oversight and lacks adequate safeguards to prevent mismanagement. He adds that Kenya’s commitment to match part of the investment—estimated at US$850 million in additional health spending could strain the national budget.
“This contravenes principles of sustainable public finance and risk-informed decision-making, potentially exacerbating debt and diverting resources from grassroots health needs,” he argues.
The court is expected to issue directions on the matter in the coming days.
