Busia Senator Okiya Omtatah has petitioned the Judicial Service Commission to investigate three Court of Appeal judges for delaying written reasons in a ruling on the Kenya-US health cooperation framework.
Omtatah filed the petition on May 29, 2026. He accuses Justices Kimaru, Munyao and Okello of issuing an interim stay on May 12, 2026, that restored government control over the Ksh322 billion deal signed in December 2025, while deferring full reasons until October 30, 2026.
The senator argues that the absence of reasons prevents any timely appeal to the Supreme Court under Article 163 of the Constitution. He stated that the procedure obstructs constitutional review rather than reflecting dissatisfaction with the outcome itself.
Omtatah warned that by October the effects of the framework could become irreversible, including transfers of sensitive health data and major financial commitments. The petition seeks removal of the judges on grounds that the delay has created a constitutional crisis.
