By James Murimi - Reporter
Kenya, December 20 2025 - President William Ruto has suffered a setback after the High Court in Nairobi temporarily blocked the implementation of the United States–Kenya Health Cooperation Framework, a multi-billion-dollar agreement signed earlier this month.
High Court Judge Chacha Mwita on Friday issued conservatory orders suspending the operationalization of the framework pending the hearing and determination of a petition filed by activist Okiya Omtatah. The deal, estimated at $2.5 billion, was signed on December 4, 2025, by President Ruto and US President Donald Trump.
It seeks to deepen cooperation between the two countries in disease surveillance, health systems strengthening and management of global epidemics, but has drawn criticism over data sharing, financial commitments and constitutional compliance.
“A conservatory order is hereby granted restraining the respondents, on behalf of the Government of Kenya, from implementing, operationalizing and or executing the Cooperation Framework between the Government of the Republic of Kenya and the Government of the United States of America on Health signed on 4th December 2025, in its entirety,” Justice Mwita ruled.
In his petition, Mr Omtatah argues that the framework, which he says amounts to a treaty, was signed without public participation or parliamentary approval, in violation of Article 2(6) of the Constitution and the Treaty Making and Ratification Act.
He contends that bilateral agreements touching on Kenya’s sovereignty and territorial integrity must undergo parliamentary scrutiny, a process he says was ignored.
The activist further raises concerns over data privacy, arguing that the agreement allows the sharing of sensitive medical information without the consent of affected individuals, contrary to the Constitution and the Data Protection Act.
On the financial front, Mr Omtatah says the framework commits Kenya to expenditure outside constitutional safeguards and the Public Finance Management Act, without parliamentary oversight.
He also argues that the agreement interferes with devolved functions, noting that the recruitment and management of health workers fall under county governments. As such, he maintains that the national government cannot unilaterally enter into commitments that impose obligations on counties.
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“The framework assaults the Constitution,” Mr Omtatah states, arguing that conservatory orders are necessary to protect constitutional principles and preserve the substance of the case.
The government, however, opposed the application through a replying affidavit sworn by Medical Services Principal Secretary Dr Ouma Oluga.
Dr Oluga argues that the state has a constitutional obligation under Article 21(2) to take legislative and policy measures to realize the highest attainable standard of health for all Kenyans.
The respondents maintain that the petition is premature, saying the framework is a non-binding instrument intended to strengthen cooperation between Kenya and the US and has not yet been implemented.
They further argue that global health threats such as HIV, tuberculosis and malaria, which the World Health Organization classifies as major global health security risks, require coordinated cross-border responses and sustained international funding.
According to the government, US assistance has historically been a major pillar of Kenya’s health sector, supporting programmes in HIV, TB, malaria, immunisation, nutrition, reproductive health, public health research, workforce training and health systems strengthening.
The respondents warn that disruption of US-supported programmes could create uncertainty and negatively affect critical health services, noting that managing epidemics requires a multi-pronged approach involving domestic funding, foreign aid and collaboration with international partners.
