By Brian Kiprono - Reporter
Kenya, 11 December 2025 - The High Court has temporarily stopped the government from rolling out the Kenya–U.S. Health Cooperation Framework, giving space for a national conversation on who controls Kenyans' medical data and whether it is secure.
Many Kenyans have been calling for clarity on who controls their medical data, and how securely is it handled?
The suspension follows a petition filed by the Consumers Federation of Kenya (COFEK), which argues that parts of the Sh208 billion agreement could expose sensitive personal health information to foreign entities. The group says the deal, signed earlier this month in Washington, allows for the sharing of medical and epidemiological data in ways that may violate constitutional rights to privacy.
Justice Bahati Mwamuye, issuing interim orders, directed that no State office or institution should move ahead with implementing the framework until the court hears the case fully. The order specifically blocks any action that may “facilitate the transfer, sharing or dissemination” of identifiable health data.
The ruling has paused a deal the government has defended vigorously in recent days. The Ministry of Health published the full 37-page agreement earlier this week after public pressure for transparency. Officials insist that the framework only permits the use of aggregated, non-identifiable information—figures used for planning, trends and system-wide performance—not personal medical histories.
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But COFEK maintains that the assurances are not enough. The organisation argues that Kenyans deserve legal certainty before any health information, even in aggregate form, is shared internationally. The petition taps into a wider public concern about how data is handled in an increasingly digital health system.
COFEK has until 17 December to serve all respondents, after which government agencies will be required to file their responses. The matter is expected to proceed early next year, setting up a significant court battle over the balance between public health cooperation and individual privacy rights.
For now, the ruling provides a pause. It offers Kenyans a moment to reflect on a partnership that promises major investment in modernising hospitals, strengthening disease surveillance and supporting universal health coverage, but which must also maintain the trust of the people whose data underpins those systems.
