Health Cabinet Secretary Aden Duale has moved to calm growing concern over the Kenya–US Health Cooperation Framework, saying the deal is lawful, tightly controlled and will not expose the personal information of Kenyans.
In a statement released on Friday, he said the multi-billion-shilling agreement signed earlier this month was designed to strengthen the country’s health services while keeping full ownership of data and systems in Kenya’s hands.
Duale said the partnership, valued at Sh208 billion, had been developed with clear protections, especially at a time when questions have been raised following a High Court decision that put a pause on some sections of the deal involving data sharing. He explained that the agreement does not open access to citizens’ private health records and follows all legal requirements.
“The Government wishes to reassure the public regarding the integrity and intent of the recent Health Cooperation Framework and Data Sharing Agreement signed with the United States,” he said, adding that the framework supports accountability and the goals of Universal Health Coverage.
The CS noted that only general data may be shared and that personal details remain protected under Kenyan law. Duale said the pact is rooted in the country’s own regulations. “Article 2(a) mandates strict compliance with the Data Protection Act, 2019 and the Digital Health Act, 2023, while Article 5(f) includes a ‘supremacy clause’ ensuring that Kenyan law prevails in any conflict,” he stated.
While speaking on the court’s intervention, Duale said the orders only touch on data-sharing sections and do not block the wider health partnership. “We fully recognise and respect the crucial role of the Courts in interpreting the law and safeguarding the rights of Kenyans. We note that the current conservatory orders are specific to the sharing of data and do not suspend the broader partnership,” he said.
He expressed confidence that the court will uphold the agreement once it reviews all documents.
“The Government is confident that once the Honourable Court is presented with the full documentation and facts, which were not available prior to the issuance of the interim orders it will appreciate the intent and spirit of this partnership,” he stated. “We believe the Court will affirm that all legal due processes were followed and that the agreements are fully compliant with the Constitution and the laws of Kenya.”
Duale said the partnership aims to support Kenya’s public health system by improving disease surveillance, emergency response and access to needed services. The government entered the Ksh.208 billion deal last week, making Kenya the first African country to take up a direct government-to-government health funding plan with the United States.
Under the framework, US support will go through national systems such as the Social Health Authority, Digital Health Authority, KEMSA and the National Public Health Institute. He said this marks a shift from donor-run programmes to a model where Kenya manages its own health investments.
Earlier this month, the High Court temporarily stopped implementation of any part of the agreement involving the transfer or sharing of sensitive health data after a petition filed by Senator Okiya Omtatah. The government has since filed an appeal challenging the order.
