Court Stops Ruto’s Sh200 Billion Health Deal with US

The High Court in Nairobi has dealt a significant legal blow to President William Ruto’s government by temporarily halting the implementation of the Sh208 billion Kenya–US Health Cooperation Framework, a partnership signed last week that was set to transform the nation’s health sector.

The court’s conservatory order, delivered on Wednesday, December 10, 2025, bars any movement or sharing of medical or sensitive health data under the agreement until a full hearing on the matter is concluded.

Justice Bahati Mwamuye granted the suspension after the Consumers Federation of Kenya (COFEK) filed an urgent application challenging key provisions of the pact, particularly those on data handling and privacy.

The judge said the concerns raised required immediate judicial scrutiny before the government could proceed with operationalising the framework, noting the importance of acting swiftly given the potentially far-reaching implications of the deal.  

In his ruling, Justice Mwamuye issued a conservatory order restraining the State Law Office, the Senate and other 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.” The directive effectively freezes that component of the agreement until the petition is heard and determined.  

COFEK’s petition argues that the agreement signed on December 4 in Washington, DC, bypasses constitutional safeguards by exposing Kenyans’ medical information to risks without adequate protections.

The group says the government must demonstrate that Kenyans’ privacy rights and national interests are sufficiently protected before any part of the pact is enacted.  

The court has set strict timelines for the case. COFEK must serve the petition, urgent application and court order on the State Law Office, Senate and other parties by December 17, 2025, and file affidavits of service.

The respondents have until January 16, 2026, to file their responses, with COFEK allowed to reply by January 30.

A mention before Justice Lawrence N. Mugambi is scheduled for February 12, 2026, when the court will check compliance and set dates for a full hearing.  

The order also carries a penal notice warning that any disobedience of the court’s instructions will attract consequences.  

The Kenya–US Health Cooperation Framework was heralded by the government as a landmark deal designed to strengthen Kenya’s health systems by integrating key disease programmes, boosting disease surveillance and digital health, and supporting Universal Health Coverage with direct funding from the United States.

Ruto and US officials said the pact would channel about Sh208 billion over five years into the health sector.  

However, critics including COFEK and some legal experts have raised concerns over data privacy, constitutional compliance and the lack of parliamentary scrutiny.

Busia Senator Okiya Omtatah has also filed a separate petition challenging the legality of the framework, arguing it was signed without meaningful public participation and could undermine national sovereignty.  

The government has maintained that the agreement is lawful and that Kenyan data protection laws will govern any data sharing.

Health Cabinet Secretary Aden Duale has previously assured the public that only aggregated and de-identified data would be shared, and that protections are in place to prevent misuse.  

As the legal battle unfolds, the suspension marks a rare judicial check on one of the government’s flagship international initiatives, raising fresh questions about transparency, governance and the balance between national interests and international partnerships.