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High Court Suspends Trump-Ruto KSh200B Health Deal Over Data Privacy Concerns

Kenya’s High Court has issued interim orders suspending key provisions of a health cooperation agreement between Kenya and the United States, specifically blocking the transfer of health and personal data under the framework.

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Justice Bahati Mwamuye granted conservatory orders restraining both governments from implementing sections of the agreement that facilitate the sharing of medical, epidemiological, or sensitive personal health information.

“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 ruled.

The judge emphasized that the suspension applies specifically to provisions enabling the transfer, sharing, or dissemination of health-related data. The matter has been scheduled for mention on February 12, 2025, before Justice Lawrence Mugambi for compliance confirmation and directions on expedited hearing.

Consumer Group Raises Constitutional Concerns

The legal challenge was brought by the Consumers Federation of Kenya (COFEK), which filed a petition contesting the KSh200 billion health cooperation framework signed in Washington on December 4 by Prime Cabinet Secretary Musalia Mudavadi and U.S. Secretary of State Marco Rubio.

In court documents, COFEK argued that the agreement contravenes constitutional provisions and health legislation, alleging the deal was concluded without adequate public participation or transparency.

The consumer advocacy organization warned of irreversible consequences should Kenyan health data be transferred overseas. “Once Kenya’s medical and epidemiological data is transferred abroad, the harm becomes permanent and irreversible. Neither this Honourable Court nor Kenyan regulators would have the power to recall, restrict, or oversee how such data is used overseas,” COFEK stated in its submission.

The group further cautioned that such transfers could expose citizens to privacy violations, stigmatization, and potential misuse of sensitive information.

President Defends Agreement Process

Responding to mounting public concerns earlier this week, President William Ruto defended the partnership, rejecting suggestions that Kenya was pressured into the arrangement.

Addressing delegates at the 12th National and County Governments Coordinating Summit at State House, Nairobi, President Ruto clarified that Kenya initiated the discussions with the United States government.

He revealed that U.S. State Department officials traveled to Nairobi for comprehensive negotiations based on a framework proposed by Kenya, with the December signing ceremony serving as formalization of terms already agreed upon.

The President also disclosed that Attorney General Dorcas Oduor had been thoroughly briefed throughout the negotiation process and had cleared all legal aspects of the agreement, particularly regarding data privacy protections.

Despite these assurances, the court’s intervention underscores ongoing public debate about data sovereignty and the safeguards governing international health information sharing arrangements. The case’s outcome will likely have significant implications for Kenya’s approach to cross-border health data partnerships.