Kenya’s High Court has halted the rollout of a major $2.5bn health partnership with the United States, following a legal challenge claiming the agreement could expose sensitive personal health data to foreign access.
The interim order prevents the government from implementing any part of the deal that involves transferring, sharing, or granting access to medical, epidemiological, or other sensitive health information belonging to Kenyan citizens.
The case was filed by the Consumer Federation of Kenya (Cofek), which argued that the agreement could leave Kenya vulnerable by allowing external parties to influence or control crucial areas such as pharmaceutical supplies, health surveillance systems, and cloud-based medical data storage.
A Landmark Deal Faces Immediate Roadblock
The suspended agreement — hailed as a “landmark” by US Secretary of State Marco Rubio during last week’s signing — is part of Washington’s restructured foreign aid programme under President Donald Trump’s administration. The new approach focuses on direct government-to-government deals rather than routing funds through aid agencies.
Under the Kenya arrangement, the US pledged $1.7bn, while Kenya committed $850m with plans to gradually assume more of the financial burden.
Similar agreements have since been signed with Rwanda, Lesotho, Liberia, and Uganda.
Public Alarm Over Access to Health Records
The controversy has stirred public anxiety across Kenya, with many citizens worried that the deal might grant US authorities access to confidential records, including HIV status, tuberculosis treatment histories, and vaccination data.
Cofek warned that the agreement risks undermining Kenya’s autonomy over its health sector at a time when digital infrastructure and medical supply chains are increasingly strategic assets.
Government Defends Agreement
President William Ruto sought to calm fears, insisting the attorney-general had meticulously reviewed the document to ensure Kenyan law remains the ultimate authority over citizens’ data.
He stressed that no external partner would override Kenya’s legal safeguards.
The US has yet to publicly comment on the privacy concerns raised.
Legal Battle Continues in February
With the court ordering a freeze until the case is fully heard, the fate of the deal now hangs in the balance. The matter is set to return to court on 12 February, setting the stage for a pivotal ruling that could reshape how Kenya engages with foreign governments on health funding.