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Whistleblower Raises Alarm Over Proposed Kenya-US Health Data Agreement

NAIROBI — A prominent Kenyan whistleblower has sounded the alarm over what he describes as a highly controversial health security agreement being negotiated between the Kenyan government and the Trump administration, warning that the deal could expose the medical records of over 50 million Kenyans to foreign access.

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Nelson Amenya, the activist who gained international recognition for exposing the Adani-JKIA deal earlier this year, took to social media on Tuesday, December 2, to reveal details of what he alleges is a 25-year health security arrangement currently under discussion between Nairobi and Washington.

Concerns Over Data Access

According to Amenya’s claims, the proposed agreement would grant United States authorities unprecedented real-time access to Kenya’s comprehensive health databases, including sensitive information such as HIV status, tuberculosis treatment records, and children’s vaccination histories.

“Your data protection rights simply don’t exist under this agreement. The Office of the Data Protection Commissioner becomes completely powerless to protect you,” Amenya stated in his social media disclosure.

The whistleblower further alleged that the arrangement includes provisions for sharing disease specimens collected from Kenyan patients with approximately ten American pharmaceutical companies. He expressed particular concern about a clause stipulating that the agreement would be governed by United States federal law rather than Kenyan legislation.

Scope of Alleged Agreement

Amenya outlined what he describes as extensive access provisions within the proposed deal. According to his account, the Trump administration would secure around-the-clock system access to Kenya’s national health databases, along with authorization to conduct random audits of five percent of health facilities at their discretion.

The arrangement would also allegedly grant American authorities expedited access to disease specimens for vaccine development purposes, with Amenya claiming there are no guaranteed benefits for Kenya over the proposed 25-year term.

“We are talking about the medical privacy of 50+ million Kenyans being handed over to a foreign government under foreign law,” the activist emphasized.

Legal Concerns

The whistleblower characterized the alleged agreement as fundamentally unconstitutional, arguing it contravenes multiple Kenyan statutes including the Kenya Data Protection Act, the Health Act, and the Digital Health Act.

Amenya also claimed that the deal contains implicit penalties, suggesting that Kenya could face significant funding cuts should the Ruto administration decline to comply with the agreement’s terms.

Context of US-Kenya Health Partnership

The allegations come at a time when Kenya-US health cooperation is undergoing significant transformation. Recent reports indicate that the United States has been pursuing bilateral memorandums of understanding with several African nations, offering limited health assistance for five years in exchange for extended access to health data and pathogen specimens.

These discussions have reportedly included meetings between US officials and Kenyan health and treasury representatives in recent weeks. Kenya has historically been a major beneficiary of American health funding, particularly through programs such as PEPFAR, which has provided billions of dollars in HIV/AIDS treatment and prevention support.

Official Response Pending

As of press time, neither the Kenyan Ministry of Health nor the US Embassy in Nairobi has issued an official statement regarding Amenya’s allegations. Government officials have not confirmed or denied the existence of such negotiations.

The Office of the Data Protection Commissioner has also not responded to requests for comment on whether such an agreement would comply with Kenya’s data protection framework.

Whistleblower’s Track Record

Amenya’s credibility as a whistleblower was established earlier this year when he exposed irregularities in a $2 billion deal between the Kenyan government and India’s Adani Group for the lease and modernization of Jomo Kenyatta International Airport. His disclosures sparked widespread public protests and ultimately led to President William Ruto canceling the controversial deal in November after US authorities charged Adani executives with bribery.

The 30-year-old activist, currently pursuing an MBA in France, was recently named among the 100 Most Influential Africans of 2024 by New African magazine for his role in exposing government irregularities.

Public Reaction

The allegations have reignited debates about data sovereignty, national security, and the balance between international health cooperation and protecting citizens’ privacy rights. Civil society organizations and data protection advocates are calling for transparency regarding any ongoing health data negotiations with foreign governments.

Legal experts have noted that if such an agreement exists as described, it would require careful scrutiny to ensure compliance with Kenya’s constitutional provisions on the right to privacy and the Data Protection Act of 2019.