NAIROBI, Kenya, Dec 12 – The Ministry of Health has assured Kenyans that it will present comprehensive evidence in court to defend the legality and safety of the Kenya–US Health Cooperation Framework, after the High Court issued conservatory orders suspending the implementation of the agreement’s data-sharing component.
In a statement on Friday, Health Cabinet Secretary Aden Duale reaffirmed that the $1.6 billion (Sh208 billion) partnership fully upholds Kenya’s sovereignty, data-protection laws, and constitutional safeguards.
He dismissed claims that the arrangement exposes citizens’ personal medical information to foreign entities.
Duale said the government would “present the full documentation and facts” to the court, emphasising that the High Court’s interim orders affect only provisions related to data transfer—not the broader health partnership.
“This Framework was drafted with strict adherence to due process, ensuring that Kenya’s sovereignty, data ownership, and intellectual property are fully protected,” he said.
“Article 5(f) of the Agreement includes a supremacy clause guaranteeing that Kenyan law prevails in any conflict, while Article 2(a) requires strict compliance with the Data Protection Act, 2019, and the Digital Health Act, 2023.”
On Thursday December 11, Justice Bahati Mwamuye temporarily halted any steps to operationalise the Framework insofar as it provides for or facilitates the transfer, sharing, or dissemination of medical, epidemiological, or sensitive personal health data.
The petition was filed by the Consumers Federation of Kenya (COFEK), which argues that the agreement could compromise personal health information.
The court directed COFEK to serve all respondents by December 17, after which the State must file its responses ahead of a hearing early next year in what is expected to become a major constitutional contest over data sovereignty, public health governance, and the limits of executive authority.
No identifiable data
Duale has maintained that no personal identifiers—including ID numbers, residential details, or individual medical histories—will be shared.
He added that the agreement explicitly prohibits the transfer of personally identifiable information.
The Framework represents a significant shift from decades of NGO-dominated health programming to a direct Government-to-Government (G2G) financing and implementation model.
The change is expected to affect roughly 13,000 health workers currently employed under donor-funded HR schemes.
“We must remove the middle team—the implementing agencies and NGOs,” Duale said.
“This new architecture ensures that support flows directly to the people of Kenya.”
President William Ruto has described the Framework as central to advancing Universal Health Coverage (UHC), modernising hospital equipment, improving access to health commodities, and expanding the country’s health workforce.
“This Framework adds momentum to our UHC programme and ensures no Kenyan is left behind,” he said.
Ruto praised the United States for selecting Kenya as the inaugural signatory to the new Health Cooperation model, saying it reflects confidence in Kenya’s systems and governance structures.
US Secretary of State Marco Rubio said the G2G approach ensures that partner governments—not international NGOs—determine how health investments are deployed.
“We will not spend millions funding the NGO industrial complex,” Rubio said. “If you want to help a country, work with that country.”
He noted that the $1.6 billion package is designed to strengthen Kenya’s domestic health infrastructure and long-term sustainability.
The Government maintains that the agreement is a cooperative framework—not an international treaty—citing Article 5(g) of the Data Sharing Agreement.
While the High Court has paused data-related aspects of the Framework, the broader cooperation remains intact pending a full hearing.
The outcome is expected to set an important precedent on data privacy, sovereignty, and Kenya’s approach to international health partnerships.
