Cofek and Omtatah challenge Kenya-US health deal in court

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.

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Kenya's High Court has suspended implementation of parts of the Kenya-US Health Cooperation Framework involving sensitive health data transfer. Signed on December 4, 2025, the deal faces a petition from Busia Senator Okiya Omtatah and the Consumers Federation of Kenya (COFEK), who argue it violates privacy rights and national sovereignty. Government officials have criticized the petitioners for obstructing health programs.

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Attorney General Dorcas Oduor has assured Kenyans that no sensitive personal data will be shared under the suspended Kenya-US Health Cooperation Framework, only non-identifiable aggregate data. This follows the High Court's injunction on the deal, prompted by privacy concerns from the Consumers Federation of Kenya.

Colombia's Senate Seventh Commission archived the health reform bill with eight votes in favor and five against, on the last day of the ordinary legislative session. This marks the second sinking of the initiative pushed by President Gustavo Petro's government. Reactions highlight concerns over the system's financial sustainability.

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Addis Ababa's city administration, led by Mayor Adanech Abebe, has called on the private sector to collaborate with the government to expand health services. This initiative launches the Habari Health Plaza, built with Entoto technologies, aiming to curb medical travel abroad. It seeks to attract patients from neighboring countries and position Ethiopia as a medical tourism hub.

 

 

 

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