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Court blocks COFEK bid to withdraw US-Kenya health data case

Justice Nyaundi upheld an objection by Katiba Institute, ruling that courts must retain control over constitutional petitions filed in the public interest and can decline withdrawal requests where necessary.

NAIROBI, Kenya, April 30 – The High Court has rejected an attempt by the Consumer Federation of Kenya (COFEK) to withdraw a petition challenging the Sh208 billion US-Kenya health data sharing agreement.

Justice Nyaundi upheld an objection by Katiba Institute, ruling that courts must retain control over constitutional petitions filed in the public interest and can decline withdrawal requests where necessary.

The case will now proceed, with Okiya Omtatah indicating he will continue pursuing the matter alongside his own petition. The consolidated cases are scheduled for hearing on May 25, 2026.

Katiba Institute said the ruling reinforces the role of public interest litigation in ensuring constitutional accountability.

The petition challenges the Kenya–US Health Cooperation Framework, which involves the transfer and sharing of medical and epidemiological data, raising concerns over data privacy and protection of personal information.

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