The High Court in Nairobi has stopped the rollout of the Kenya–US Health Cooperation Framework, putting on hold any movement or sharing of medical or sensitive health data until a petition questioning the deal is heard.
The suspension was issued after the court agreed that the concerns raised needed urgent attention before the agreement could be acted upon.
The directive was delivered on 10 December 2025 by Justice Bahati Mwamuye after the Consumers Federation of Kenya (COFEK) filed an urgent application. In his ruling, the judge noted that the court had to act quickly because of the nature of the issues presented.
The order reads: “A conservatory order be and is hereby issued suspending, staying and/or restraining the Respondents… from implementing, operationalizing, or howsoever giving effect to the Health Cooperation Framework… insofar as it provides for or facilitates the transfer, sharing or dissemination of medical, epidemiological or sensitive personal health data.”
COFEK’s petition challenges specific parts of the agreement signed on 4 December 2025, arguing that allowing access to Kenyan health data could expose citizens to privacy risks and clash with constitutional safeguards. The group wants the court to examine whether the deal gives enough protection to personal and national health information.
The court said no activity involving the sharing or movement of the data named in the order should take place until the petition is fully argued and a decision is made. It also set timelines that all parties must follow as the case proceeds.
COFEK has been directed to serve the petition, the urgent application, and the court order to the State Law Office, the Senate, and the other listed respondents by 17 December 2025.
The organisation must also file affidavits showing that service has been completed. The respondents have up to 16 January 2026 to reply, while COFEK may respond further by 30 January 2026 if needed.
The matter will return to court on 12 February 2026 before Justice Lawrence N. Mugambi. During that session, the court will check whether all parties have complied with the instructions and give directions for a fast hearing.
The order also carries a penal notice warning that “any disobedience or non-observance of the order… will result in penal consequences.”
The Kenya–US Health Cooperation Framework outlines plans to strengthen Kenya’s health system through direct support amounting to Sh208 billion over five years. It focuses on merging HIV, TB, and malaria programmes into Universal Health Coverage, transitioning health workers into national systems, improving disease surveillance and laboratories, and advancing health digitisation ahead of a full Kenyan takeover by 2030.
