Kenyan AG assures only aggregate health data shared in US deal amid court challenge

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.

In a bid to lift the High Court injunction suspending the Kenya-US Health Cooperation Framework—signed on December 4, 2025, in Washington—the Kenyan government has emphasized that only aggregate, non-identifiable data will be exchanged.

Attorney General Dorcas Oduor, in a court application, clarified: "As clearly stated under the Data Exchange Agreement, the Government of Kenya will not provide any sensitive personal data of its citizens, but only aggregate data for the purposes of implementing the Cooperation System." The five-year deal, aimed at bolstering health services with funding worth billions of shillings, was halted pending a case by the Consumers Federation of Kenya (Cofek), which argues that any overseas transfer of medical data risks permanent, irreparable harm beyond Kenyan jurisdiction.

The government counters that aggregate data—summarized for monitoring, evaluation, public reporting, and planning—poses no privacy risk or irreparable harm. Cofek's petition echoes earlier concerns raised by Busia Senator Okiya Omtatah, leading to conservatory orders from Justice Bahati Mwamuye.

The court has yet to rule on the government's request to proceed with implementation.

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Illustration of U.S. investors notifying South Korea of arbitration over Coupang probe, symbolizing international trade dispute with flags, documents, and justice symbols.
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Coupang U.S. investors notify South Korea of arbitration intent

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Two U.S. investors in Coupang have criticized South Korea's probe into the company's data breach as discriminatory, requesting a U.S. government investigation and notifying Seoul of intent to pursue investor-state arbitration. The South Korean government denies any discrimination, insisting the actions follow the law. Civic groups condemned the investors' moves as a violation of sovereignty.

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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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 High Court in Nakuru has issued an order stopping all Kenyan public offices from engaging private law firms. Activists Okiya Omtatah and Dr. Magare Gikenyi filed the petition, arguing it is unconstitutional to use taxpayer money on external lawyers when qualified legal staff are available. The Law Society of Kenya has condemned the ruling.

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President William Ruto has announced plans to establish rehabilitation centres in each of Kenya's 47 counties as part of a renewed national campaign against drug and substance abuse. The initiative will involve collaboration with county governments and NACADA, with patients covered under the Social Health Authority. The announcement followed a multi-agency meeting at State House on January 7, 2026.

The Kenyan government has warned it will terminate contracts for contractors overseeing stalled road projects and reassign them to capable competitors. Transport Cabinet Secretary Davis Chirchir issued the threat while addressing residents during the Agolomuok-Otati-Kogore tarmacking. The move follows payments to clear pending bills and revive over 500 projects nationwide.

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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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