The High Court has blocked the Consumer Federation of Kenya (COFEK) from withdrawing its petition challenging the Kenya-US health data-sharing agreement. The Katiba Institute opposed the move, and the judge upheld the objection. The case is set for hearing on May 25.
The High Court has ruled to block the Consumer Federation of Kenya (COFEK) from withdrawing its petition filed in December 2025 against the Kenya-US health data-sharing agreement. The deal sparked controversy as COFEK argued it could violate Kenyans' privacy rights, data protection, and lacked public consultation.
COFEK reached a consent agreement with the government and sought to drop the case. However, the Katiba Institute, through lawyer Joshua Malidzo, opposed it, stating public interest cases on constitutional issues cannot be settled by private consent.
Justice Patricia Nyaundi upheld the objection, stressing that public interest litigation must stay under court control. "Matters affecting the public cannot be dismissed simply through consent when unresolved constitutional issues remain foundational to the case," Nyaundi said. Busia Senator Okiya Omtatah has also signaled intent to pursue the matter in his own 2025 petition.
The agreement involves the US channeling over Ksh200 billion in health funding through the government over five years, replacing donor-driven structures. President William Ruto has defended it, assuring data will not be exploited. In February, the US said it would proceed only after the High Court's full determination, with a hearing scheduled for May 25.
