The High Court has issued conservatory orders suspending the health cooperation agreement between Kenya and the United States, signed last week.
Justice Bahati Mwamuye specifically suspended the component of the pact relating to the transfer of health and personal data. The order effectively halts this aspect of the agreement pending further legal review.
"A conservatory order is hereby issued suspending, staying, and restraining the respondents, whether by themselves, their agents, or assigns, from implementing or giving effect to the Health Cooperation Framework executed between the Government of Kenya and the Government of the United States of America," Justice Mwamuye ordered.
"This suspension applies insofar as the agreement provides for or facilitates the transfer, sharing, or dissemination of medical, epidemiological, or sensitive personal health data."
Mwamuye directed that the case be mentioned on February 12 next year before Justice Lawrence Mugambi to confirm compliance and to take directions on the expedited hearing and determination of the petition.
The case was filed by the Consumers Federation of Kenya (COFEK), which moved to court to challenge the Ksh200 billion Kenya-US Health Cooperation Framework Agreement that was signed in Washington on December 4 by Prime Cabinet Secretary Musalia Mudavadi and U.S. Secretary of State Marco Rubio.
COFEK, in its court papers, argued that the deal violates the Constitution and the health law and that it was done discreetly.
“Once Kenya's medical and epidemiological data is transferred abroad, the harm becomes permanent and irreversible. Neither this honorable court nor Kenyan regulators would have the power to recall, restrict, or oversee how such data is used overseas,” the lobby told the court.
Adding that, “This exposes citizens to lasting privacy violations, stigma, and potential misuse of their information. The irreversible nature of this harm points to the urgency of the matter,” the lobby told the court.
On Wednesday, President William Ruto moved to dismiss fears that the U.S. government hoodwinked Kenya into agreeing to the health partnership deal, which has sparked intense debate over data safety.
Speaking at the 12th National and County Governments Coordinating Summit at State House, Nairobi, Ruto clarified that it was the Kenyan government that initiated the talks, not Washington, as some media and social media reports had suggested.
According to the president, before signing the agreement, officials from the U.S. State Department visited Nairobi for extensive negotiations under a framework that Kenya had proposed. The signing, which followed, was merely a formalization of a pact already negotiated.
The Head of State also affirmed that before the deal was signed, Attorney General Dorcas Oduor was fully briefed on its progress and cleared all legal issues relating to data privacy, assuring that the agreement contained no loopholes.
