Duale defends Kenya–US multi-billion health deal, dismisses data privacy concerns

In a statement on Friday, Duale sought to reassure the public that the Ksh.208 billion agreement signed early this month was carefully structured to protect Kenya’s sovereignty, data ownership, and intellectual property.

He clarified that the pact was lawfully drafted and does not expose citizens’ personal health information, amid ongoing concerns raised following a recent High Court order suspending data-sharing aspects of the agreement.

“The Government wishes to reassure the public regarding the integrity and intent of the recent Health Cooperation Framework and Data Sharing Agreement signed with the United States,” he said, noting that the model enhances accountability and supports Universal Health Coverage.

He further noted that only aggregated data may be shared, ensuring that personally identifiable information remains protected, adding that the pact is anchored firmly on existing laws.

“Article 2(a) mandates strict compliance with the Data Protection Act, 2019 and the Digital Health Act, 2023, while Article 5(f) includes a ‘supremacy clause’ ensuring that Kenyan law prevails in any conflict,” he stated.

While acknowledging the court’s role in protecting the rights of Kenyans, Duale clarified that the conservatory orders issued last week only affect provisions relating to data sharing and do not freeze the wider partnership.

“We fully recognise and respect the crucial role of the Courts in interpreting the law and safeguarding the rights of Kenyans. We note that the current conservatory orders are specific to the sharing of data and do not suspend the broader partnership,” he said.

Duale expressed confidence that once the court reviews the full documentation, it will find that the deal complies with the Constitution and all relevant statutes.

“The Government is confident that once the Honourable Court is presented with the full documentation and facts—which were not available prior to the issuance of the interim orders—it will appreciate the intent and spirit of this partnership,” he stated.

“We believe the Court will affirm that all legal due processes were followed and that the agreements are fully compliant with the Constitution and the laws of Kenya.”

The Cabinet Secretary consequently maintained that the partnership is aimed at strengthening Kenya’s health security and expanding national capacity in disease surveillance, emergency preparedness and access to essential health services.

The government entered the Ksh.208 billion agreement last week, becoming the first African nation to adopt a government-to-government health funding model with the United States.

The framework directs U.S. resources into national systems such as the Social Health Authority, Digital Health Authority, KEMSA, and the National Public Health Institute, marking a shift from donor-led programs to locally managed investments.

The government has since challenged the order in court.