The Consumer Federation of Kenya (Cofek) and Senator Okiya Omtatah have filed court cases to block the implementation of the health agreement between Kenya and the United States, signed on December 4, 2025. The deal, worth over Ksh 200 billion, aims to strengthen the country's health systems. They raise concerns over data privacy, national sovereignty, and lack of public and parliamentary involvement.
The government-to-government health framework between Kenya and the United States, signed by Prime Cabinet Secretary Musalia Mudavadi and witnessed by President William Ruto, spans five years and provides direct assistance of approximately Ksh 200 billion to enhance health programs through advanced technologies and ensure health system sustainability.
Cofek issued a press statement on December 10, 2025, expressing concerns over a memorandum section lacking clarity that could undermine sovereignty and privacy. The federation argues that consumers, as primary beneficiaries and sources of health data, must have representation in decision-making. "Consumers must be fully informed about which private actors will participate in the programme—pharmaceutical giants, laboratories, technology and surveillance firms, cloud-storage providers, etc.," Cofek stated.
In a separate second case, Senator Okiya Omtatah has filed a petition claiming the signing process violated the Constitution and laws, including lack of parliamentary approval under Article 132(4), public participation, and open financial impact assessment. He argues that off-budget external funding contravenes the Public Finance Management Act 2012. “The petitioner is aggrieved because the decision to approve and sign this agreement was made without parliamentary oversight, public consultation, or transparent financial impact assessment,” Omtatah said.
Agreement officials emphasized that the US would access only aggregated data, without personal identifiers, protected by existing laws. However, Cofek and Omtatah warn that the deal requires sharing sensitive data on HIV, tuberculosis, malaria, maternal health, and disease surveillance, potentially allowing transfers to the US without adhering to the Data Protection Act, Digital Health Act, and Digital Health Data Exchange Regulations (2025). They seek a court order halting implementation until the cases are resolved, ensuring transparency, public participation, and consumer rights protection under constitutional provisions such as Articles 10, 31, 46, and 232.