More than 1.4 million Kenyans who depend on essential medicines and healthcare support covered by a Sh328 billion agreement between Kenya and the United States could benefit from a Court of Appeal decision allowing the programme to proceed despite an ongoing legal challenge.
The three-judge bench overturned orders that had halted the implementation of the Health Cooperation Framework, finding that keeping the suspension in place could interfere with access to critical treatment and other medical support.
Justices Munyao Sila, Johnson Okoth Okello and Jacqueline Kamau said the interests of patients and the wider public favoured allowing the programme to continue as the court prepares to hear the appeal.
“We are of the considered view that public interest favours the implementation of the programme pending hearing of the appeal,” the judges said.
The court warned that prolonging the suspension could have direct consequences for patients who rely on medicines and healthcare services expected to be supported through the agreement.
“It would negatively impact provision of critical treatment to 1.4 million Kenyans who depend on the drugs and health care support system that will be provided for by the Framework,” the court stated.
The decision overturns the immediate restrictions imposed by the High Court, allowing the Kenyan and US governments to move ahead with the agreement while the legal proceedings continue.
The dispute reached the appellate court after the framework was challenged in court and orders were issued to suspend its implementation. The judges were asked to consider whether those restrictions should remain in place before the appeal is determined.
In lifting the orders, the court focused on the possible disruption to patients who depend on the medicines and healthcare support covered by the programme.
However, the ruling does not bring the legal dispute to an end. It only allows implementation of the framework to proceed while the appeal remains pending.
Kenya-US agreement signed in Washington
The Health Cooperation Framework was signed on December 4, 2025, in Washington, DC, with a stated value of Sh328 billion. The agreement was designed to support healthcare delivery in Kenya.
President William Ruto witnessed the signing, which was conducted by Foreign Affairs Cabinet Secretary Musalia Mudavadi and US Secretary of State Marco Rubio on behalf of the two governments.
The agreement later faced a legal challenge that resulted in the High Court suspending its implementation, placing its rollout on hold as the dispute moved through the courts.
The Kenyan and US governments can now proceed with the programme following the Court of Appeal's decision, even as the wider case awaits determination.
The ruling places the needs of patients who rely on the framework's medicines and healthcare support at the centre of the decision to lift the suspension, while leaving the underlying legal questions unresolved.