The High Court has issued conservatory orders suspending the implementation of the Health Cooperation Framework entered between the Government of Kenya and the United States on 4 December 2025.
In the interim orders, Justice Lawrence Mugambi directed that the State must halt any steps toward enforcing the agreement, but only to the extent that it allows the transfer, sharing, or dissemination of medical, epidemiological or other sensitive personal health data belonging to Kenyans.
The order restrains the government, its agents, or assigns from operationalising or giving effect to the contested aspects of the framework until the court hears and determines a motion filed by the petitioner.
“Pending the inter partes hearing and determination of the Petitioner/Applicant’s Notice of Motion Application dated 09/12/2025, a conservatory order be and is hereby issued suspending, staying and/or restraining the Respondents… from implementing, operationalizing or howsoever giving effect to the Health Cooperation Framework executed between the Government of Kenya and the Government of the United States of America… insofar as it provides for or facilitates the transfer, sharing or dissemination of medical, epidemiological or sensitive personal health data,” the order reads in part.
The petition was filed by Senator Okiya Omtatah, who moved to court arguing that the agreement exposes Kenyans to significant privacy risks by permitting the movement of sensitive health information outside the country.
Omtatah had also asked the court to bar the government from spending public funds, signing contracts, or rolling out any policy actions tied to the framework. Those prayers have now been granted temporarily as the petition proceeds to a full hearing.
The matter will be heard inter partes as the court reviews whether the State’s actions align with constitutional safeguards on the protection of personal data and the right to privacy.
