Court suspends Sh325bn Kenya–US health pact following Omtatah's petition

 The High Court has suspended the implementation of a $2.5 billion (sh 325 billion) health cooperation framework between Kenya and the United States following a constitutional petition filed by Busia Senator Okiya Omtatah Okoiti. 

The petition, filed as PET E816 of 2025, challenges the legality of the agreement signed on December 4, 2025.

Omtatah sued Prime Cabinet Secretary and Cabinet Secretary for Foreign Affairs Musalia Mudavadi, the Cabinet Secretary for Health, the National Treasury, and the Attorney General, accusing the government of bypassing public participation, Parliament, and data protection safeguards.

Omtatah argues that the deal was negotiated and signed in Washington DC without public disclosure or consultations, contrary to Articles 10 and 118 of the Constitution, despite its far-reaching implications on public health policy, taxation, and personal medical data.

In Courts.

Although described as a “framework,” Omtatah contends the agreement is in substance a binding international treaty which, under Article 2(6) of the Constitution and the Treaty Making and Ratification Act, should have been tabled before Parliament for approval prior to implementation.

The petition also raises concerns over the sharing of sensitive medical and genomic data, including HIV, tuberculosis, malaria and other epidemiological information, with United States agencies. 

He argues this violates Article 31 of the Constitution and the Data Protection Act by failing to guarantee data sovereignty once the information leaves Kenya.

Omtatah further challenges the financial implications of the deal, noting that while the United States commits $1.6 billion, Kenya is required to contribute about $850 million, approximately Ksh 110 billion, over five years, a commitment he says was made without a fiscal impact assessment.

He also questions provisions requiring Kenya to rely on approvals by the United States Food and Drug Administration, arguing this undermines the authority of the Pharmacy and Poisons Board.

Justice Chacha Mwita issued conservatory orders suspending the implementation of the entire framework, barring the National Treasury from disbursing any funds related to the deal, and halting all plans to activate health data exchange systems with U.S. entities.

The court directed the respondents to file their replying affidavits by January 16, 2026, with the matter set to come up for further directions on February 12, 2026, before Justice Lawrence Mugambi.