NAIROBI, Kenya, May 12 — The Court of Appeal has temporarily suspended High Court conservatory orders that had blocked the implementation of a Kenya–US health cooperation framework, allowing the government to proceed with the programme pending determination of an ongoing appeal.
In a ruling delivered by a three-judge bench comprising Justices Luka Kimaru, Sila Munyao, and Dr. Okoth Okello, the appellate court ordered that the High Court directives issued on December 19, 2025, in Petition No. E816 of 2025 be stayed until the appeal is heard and determined.
The dispute stems from an application filed under Civil Application No. NAI E774 of 2025, in which the Attorney General and the Cabinet Secretary for Health sought to suspend enforcement of the High Court’s orders, which had effectively halted aspects of the health cooperation arrangement.
The case lists the Prime Cabinet Secretary and Cabinet Secretary for Foreign and Diaspora Affairs, the National Treasury, and governance activist Senator Okiya Omtatah, who is the 1st respondent and appeared in person during the proceedings.
The Katiba Institute is also a party to the matter.
The Kenya Medical Practitioners, Pharmacists and Dentists Union (KMPDU) was also represented in the hearing.
Final ruling on October 30
After hearing arguments from all parties, the Court of Appeal reserved its final ruling for October 30, 2026, noting that detailed reasons for its decision will be issued at that time.
However, the bench granted an interim order lifting the High Court’s conservatory directives, effectively allowing the government to proceed with implementation of the contested health cooperation framework.
“For reasons to be given in the ruling, an interim order is hereby issued staying the conservatory order issued by the High Court in Nairobi Petition No. E816 of 2025,” the judges stated.
The decision marks a significant legal development in the dispute, as it restores the government’s ability to advance the Kenya–US health partnership while the broader constitutional questions raised in the appeal remain unresolved.
