Kenya’s High Court has temporarily halted the implementation of a multibillion-shilling health partnership with the United States, citing concerns over the handling of personal health data and potential breaches of Kenyan law. The court’s decision comes after the Consumers Federation of Kenya (COFEK) challenged the agreement, arguing that it puts citizens’ sensitive health information at risk.
The Health Cooperation Framework, valued at Sh208 billion, was signed on December 4 in Washington, DC, by Prime Cabinet Secretary Musalia Mudavadi and US Secretary of State Marco Rubio. However, COFEK claims that the public was not consulted, despite the deal involving access to citizens’ health information. The group argues that the pact breaches several laws, including the Data Protection Act, the Digital Health Act, and the Health Act, which require strict safeguards before health data can be shared.
Justice Bahati Mwamuye issued the temporary order, instructing the government to hold off on implementing or giving effect to the agreement until a legal challenge is heard. The suspension specifically covers any part of the agreement that involves transferring or sharing medical, epidemiological, or other sensitive health information. The court has given COFEK until December 17 to serve all involved officials with the petition and court orders, while the government has until January 16 to file its response.
The case is set to return to court on February 12 for further directions. Meanwhile, a separate challenge has been filed by Busia Senator Okiya Omtatah, who is seeking to stop the government from spending any money, signing contracts, or enforcing the health framework until the case is concluded. Omtatah argues that the deal’s structure could lead to mismanagement and undermine Kenyans’ right to health and equality.
The controversy surrounding the agreement highlights concerns over data protection and the potential risks of international partnerships. As the case progresses, it will be crucial to ensure that the rights of Kenyan citizens are protected and that any agreements are transparent and in line with national laws. The court’s decision to halt the implementation of the agreement is a significant development, and the outcome of the case will have implications for the future of health partnerships in Kenya.