The government now says that it will provide all the relevant documents of the controversial health deal between Kenya and the United States that were not available before the court suspended the agreement.
The High Court on Wednesday, December 10, issued conservatory orders suspending the multi-billion-shilling health corporation agreement signed between the two countries.
Justice Lawrence Mugambi directed that, pending a full hearing of the matter, the respondents are restrained from implementing any provisions of the framework.
"Pending the hearing and determination of the petition, a conservatory order is hereby issued restraining the respondents from implementing the health framework executed on or about 4 December 2025," the court directed.
In response to the directive, Health Cabinet Secretary Aden Duale on Friday, December 12, said that the government would comply with the court's ruling, but insisted on plans to challenge the ruling.
According to Duale, the court's ruling only affected parts of the agreement on data sharing and not the entire deal as purported by a section of Kenyans.
He went ahead to express confidence in winning the case, noting that once the court receives the full documents and examines them, it will appreciate the contents of the deal.
"We fully recognise and respect the crucial role of the courts in interpreting the law. We note that the current conservatory orders are specific to the sharing of data and do not suspend the broader partnership," Duale clarified.
"The government is confident that once the court is presented with the full documentation and facts, which were not available before the issuance of the interim orders, it will appreciate the intent and spirit of this partnership," he added.
Duale further reiterated that the agreement signed in the U.S. was an intentionally structured cooperative policy arrangement and not an international treaty.
The CS noted that the deal contains stringent safeguards to protect Kenyans as it complied with the Data Protection Act of 2019 and the Digital Health Act.
"We emphasise that this framework was drafted with strict adherence to due process, ensuring that Kenya's sovereignty, data ownership, and intellectual property are fully protected," Duale emphasised.
