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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