COFEK blocked from withdrawing petition challenging Kenya-US health data sharing deal

COFEK had informed the court that it had entered into a consent with the government.

The High Court has blocked the Consumer Federation of Kenya (COFEK) from withdrawing its petition challenging the Kenya–United States health data sharing agreement.

The court cited public interest in the matter, reinforcing the role of public interest in class action litigation.

In a statement, Katiba Institute said Justice Nyaundi upheld its objection to COFEK’s attempt to exit Constitutional Petition No. E809 of 2025, despite the consumer lobby indicating it had reached a consent with the government.

COFEK had informed the court that it had entered into a consent with the government.

Through its counsel, the institute argued that constitutional violations cannot be settled by agreement between parties where the issues raised remain unresolved.

It further submitted that public interest petitions are not the sole preserve of the original petitioner and may be sustained by any interested party.

The court agreed, holding that it retains ultimate control over constitutional petitions filed in the public interest and may decline a notice of withdrawal where sufficient grounds exist.

Justice Nyaundi noted that the matter had already attracted wider public interest, with Busia Senator Okiya Omtatah expressing willingness to proceed with the case alongside his own Petition No. E816 of 2025.

The court consequently directed that the consolidated petitions proceed to full hearing.

Katiba Institute welcomed the decision, saying it affirms jurisprudence that positions constitutional petitions as instruments of accountability rather than private disputes.

The ruling marks the latest development in a high-stakes legal challenge to the Kenya–US health cooperation framework signed on December 4, 2025, in Washington, D.C.

The agreement, valued at $1.6 billion (about Sh208 billion) over five years, seeks to bolster Kenya’s health system, including disease surveillance and response.

However, it also provides for the sharing and exchange of digital health data between the two countries—an aspect that has triggered legal and public scrutiny.

Earlier, the High Court had issued conservatory orders suspending implementation of the framework, following concerns raised by COFEK and other petitioners over potential violations of data protection laws, lack of public participation, and risks to the privacy of sensitive health information.

The petitioners argue that the agreement could allow access to Kenyans’ medical and epidemiological data without sufficient safeguards, raising constitutional questions around privacy, sovereignty, and legislative oversight.

With the withdrawal bid now rejected, the consolidated petitions are set to be heard on May 25, 2026, before Justice Nyaundi.

The outcome is expected to shape Kenya’s legal position on cross-border data sharing, particularly in sensitive sectors such as health, and clarify the limits of executive authority in entering bilateral agreements with far-reaching constitutional implications.