Court halts implementation of Kenya-US health Agreement over data privacy concerns

Justice Lawrence Mugambi directed that, pending a full hearing of the matter, the respondents are restrained from implementing, operationalising, or giving effect to any provisions of the framework that involve the transfer, sharing, or dissemination of medical, epidemiological, or other sensitive personal health data.

“Pending the inter partes hearing and determination of the Petitioner’s Notice of Motion dated 9 December 2025, a conservatory order is hereby issued suspending, staying, and restraining the respondents, whether by themselves, their agents, or assigns, from implementing, operationalising, or otherwise giving effect to the Health Cooperation Framework executed on or about 4 December 2025, insofar as it provides for or facilitates the transfer, sharing, or dissemination of medical, epidemiological, or sensitive personal health data,” reads the court order.

The orders follow a case filed by Senator Okiya Omtatah, who moved to court seeking to stop the rollout of the framework, citing risks to the protection of Kenyans’ sensitive health information.