The court has stepped in at the right time to stop a $2.5 billion deal between Kenya and the US over data privacy concerns. The so-called health aid was also marred by inadequate stakeholder consultation.
The Consumers Federation of Kenya and Busia Senator Okiya Omtatah filed the case. They cited the breach of the Data Protection Act, the Digital Health Act, the Digital Health Exchange Regulations, and the Health Act.
Kenya’s health system was pushed to the brink in 2025 when President Donald Trump’s January 20 executive order led the US to abruptly withdraw USAID support. By July 1, USAID had effectively exited.
Between 35,000 and 54,000 health workers, nearly 18 per cent of the national workforce, were dismissed, including doctors, nurses and 24,577 community health workers. At least 72,000 HIV patients were disrupted, 150 clinics shut down, HIV testing fell by 38 per cent and 1.5 million Kenyans were left struggling to access indispensable medical care.
Kenya responded by increasing its health allocation by Sh15 billion from Sh125 billion in the 2025-26 financial year. A Sh52 billion gap remains unfilled. Notably, HIV funding, the hardest hit by the withdrawal, saw its allocation drop from Sh28.7 billion to Sh21.9 billion in the 2024-25 financial year.
These gaps exposed the limits of domestic financing and Kenya’s continued reliance on external partners to sustain essential health services. Against this backdrop, on December 4, a Health Cooperation Framework was signed in Washington, setting the stage for joint efforts between Kenya and the US to combat HIV, malaria, TB and emerging infectious diseases.
With this deal, serious concerns over the digital health ecosystem, including the collection and use of sensitive data and disease surveillance, cannot be ignored, as William Ruto's regime would have Kenyans do. There are serious concerns, understandably so, that the economic and pharmaceutical interests drove the pact, increasing the risk of neo-colonial influence under the guise of health cooperation.
These grave concerns, as articulated in the court case, prompted High Court Justice Bahati Mwamuye to issue a conservatory order on December 9, suspending the implementation of the impugned measures pending judicial review.
The interim ruling now bars Kenyan authorities from taking any steps to put the deal into practice "insofar as it provides for or facilitates the transfer, sharing or dissemination of medical, epidemiological or sensitive personal health data".
While this decision preserves public oversight, it underscores the legal and governance implications of international health partnerships that often prioritise strategic goals over enduring allegiance or unconditional support.
Kenyans have every reason to be concerned about the new health deal, as it is not without precedent. Past deals, including those from the Arror and Kimwarer dams at Sh63 billion, the SGR at over Sh416 billion and the cancelled Adani projects at Sh127 billion, have shown the underhand dealings accompanying such agreements.
They have also been plagued by poor planning on the government's part, rising debt, questionable viability and the loss of national assets. Combined with data breaches, the warning is that politics must not override Kenya’s public interest in any deal.
Article 4 of Kenya’s constitution affirms the nation’s sovereignty, democracy and commitment to human dignity, equality and the rule of law. The Ruto regime holds a non-negotiable duty to convincingly address public concerns over the pact and ensure transparency, accountability, data privacy and meaningful public participation, leaving no room for shortcuts or political expedience.
KHRC’s programme manager for political accountability in state institutions
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