Omtatah Seeks Removal of Three Appeal Judges Over Kenya-US Health Deal Ruling

Busia Senator Okiya Omtatah has filed a petition before the Judicial Service Commission seeking the removal of Court of Appeal judges Justice Luka Kimaru, Justice Sila Munyao and Justice J. O. Okello over their handling of a case involving the controversial Kenya-United States Health Cooperation Framework.

The petition, filed under Article 168 of the Constitution, accuses the judges of violating constitutional principles after they suspended High Court conservatory orders blocking implementation of the agreement while postponing their detailed reasons until October 30, 2026.

Omtatah argues that the move has effectively denied him a meaningful opportunity to appeal to the Supreme Court because he cannot challenge a ruling whose legal reasoning has not yet been provided.

The Kenya-US Health Cooperation Framework was signed in Washington, D.C. on December 4, 2025, in the presence of President William Ruto. The agreement was signed by Prime Cabinet Secretary Musalia Mudavadi and US Secretary of State Marco Rubio and commits approximately Sh206 billion in US health funding to Kenya over five years.

Omtatah challenged the agreement in the High Court through Constitutional Petition No. E816 of 2025, arguing that it was concluded without parliamentary ratification, lacked adequate public participation, and could expose sensitive Kenyan health data to foreign access. He also claimed some provisions would grant US authorities excessive oversight powers over Kenyan health systems and supply chains.

On December 19, 2025, Justice Bahati Mwamuye issued conservatory orders suspending implementation of the framework pending hearing of the petition, finding that the case raised substantial constitutional issues.

The matter was later consolidated with a related petition filed by the Consumer Federation of Kenya before Justice Patricia Nyaundi.

The government subsequently moved to the Court of Appeal seeking to lift the suspension orders. Attorney General Dorcas Oduor argued that delaying the agreement threatened critical healthcare programmes and funding.

On May 12, 2026, the appellate bench granted an interim stay allowing implementation of the framework to resume. However, the judges stated that their detailed reasons would only be delivered on October 30, 2026.

In his petition to the JSC, Omtatah argues that the delayed reasoning undermines Article 163(4)(a) of the Constitution, which guarantees appeals to the Supreme Court in constitutional matters. He contends that without a reasoned judgment, it is impossible to properly challenge the ruling or for the Supreme Court to determine whether constitutional errors occurred.

The dispute has gained further significance following reports that the United States is seeking to establish a 50-bed Ebola quarantine facility at Laikipia Airbase as part of regional outbreak preparedness efforts.

The proposed facility emerged amid an Ebola outbreak in eastern Democratic Republic of the Congo involving the Bundibugyo strain, which has spread into Uganda. Kenya has not reported any confirmed Ebola cases.

Health Cabinet Secretary Aden Duale confirmed that Kenya was engaging the United States on preparedness measures linked to emerging public health threats.

The proposal triggered sharp criticism from the Kenya Medical Practitioners, Pharmacists and Dentists Union. Secretary-General Davji Atellah accused the government of turning Kenya into a “containment colony” for foreign health emergencies and threatened industrial action unless details of the arrangement were disclosed.

The Law Society of Kenya also questioned why Kenya had been selected despite having no active Ebola cases, while former Chief Justice David Maraga called for parliamentary scrutiny of the arrangement.

On Friday, Justice Nyaundi issued conservatory orders blocking the establishment or operation of the proposed facility after the Katiba Institute filed an urgent petition challenging the plan.

The petition argues that the arrangement could transform Kenya into an offshore quarantine centre for foreign states without parliamentary approval or public participation.

Omtatah now argues that the unfolding Ebola facility dispute demonstrates the urgency of the constitutional questions raised in the health framework case. He says the delayed Court of Appeal ruling could allow irreversible actions, including infrastructure development, financial commitments, and data-sharing arrangements, before the judiciary fully determines the legality of the agreement.

The Judicial Service Commission is expected to determine whether the judges’ conduct amounts to a constitutional violation or falls within acceptable judicial discretion. The judges have not publicly responded to the allegations.

The consolidated High Court petitions challenging the Kenya-US Health Cooperation Framework are scheduled for mention on June 24, 2026.