By Benadeta Mwaura - Reporter
Kenya, April 30, 2026 - The High Court has dealt a fresh blow to attempts to halt legal scrutiny of Kenya’s controversial health data-sharing agreement with the United States, after rejecting a request by the Consumer Federation of Kenya (COFEK) to withdraw its petition.
In its ruling, the court held that the case, challenging the constitutionality of the Kenya–US health deal, raises issues of significant public interest that cannot be abandoned through private agreement.
The decision means the matter will now proceed to full hearing, keeping alive a legal battle that has already stalled implementation of the multi-billion shilling deal.
COFEK had sought to withdraw the case after reportedly reaching a consent with the government. However, the Katiba Institute opposed the move, arguing that constitutional questions cannot be settled behind closed doors where broader public rights are at stake.
“The Petition was filed in the public interest and is not the sole property of COFEK; any member of the public may prosecute it,” the court was told, underscoring the principle that such cases transcend individual parties.
In siding with that argument, the court emphasised its duty to safeguard constitutional accountability. It warned that allowing withdrawal of public interest litigation by consent could weaken oversight and set a dangerous precedent in cases involving fundamental rights.
The petition itself challenges the legality of the Kenya–US health data-sharing agreement, raising concerns over privacy, data protection, and public participation. Critics argue that the deal could expose sensitive health data of Kenyan citizens and bypass key constitutional safeguards.
The case has already had significant implications. In earlier proceedings, the High Court suspended implementation of the agreement pending determination of the legal issues raised.
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At the centre of the dispute is a five-year agreement valued at about $1.6 billion (over KSh200 billion), under which the United States would support Kenya’s health sector in areas such as HIV/AIDS, tuberculosis, malaria, maternal health, and disease surveillance.
However, opponents, including Senator Okiya Omtatah, have argued that the agreement raises constitutional concerns, particularly around public participation and parliamentary oversight, as well as the long-term financial obligations it places on the country.
With the court declining to terminate the case, attention now shifts to the substantive hearing, where the judiciary will determine whether the agreement complies with Kenya’s legal framework, including the Data Protection Act and constitutional provisions on privacy.
For now, the ruling reinforces a critical legal principle: when it comes to matters of public interest, especially those touching on citizens’ data and sovereignty, withdrawal is not simply a procedural choice, but a question of accountability.
The consolidated petitions are expected to proceed to hearing, keeping one of Kenya’s most closely watched legal battles firmly in play.