A Kenyan court has temporarily halted the implementation of a “landmark” $2.5bn (£1.9bn) health cooperation deal with the United States over concerns about the privacy and control of citizens’ medical data.
The High Court issued conservatory orders stopping Kenyan authorities from putting the agreement into practice where it involves the transfer, sharing or dissemination of medical, epidemiological or other sensitive personal health data, pending a full hearing of the case.
Consumer group challenges health data sharing
The ruling follows a petition filed by the Consumers Federation of Kenya (COFEK), a consumer rights lobby that wants the deal suspended until there are clearer safeguards for Kenyans’ personal information.
COFEK argues that the agreement could open the door for foreign access to highly sensitive health records, including HIV status, tuberculosis treatment history and vaccination data. The group also warns that Kenya risks surrendering “strategic control” of its health systems if pharmaceuticals for emerging diseases and key digital infrastructure — including cloud storage of raw health data — are externally controlled.
In response, the court barred any steps to operationalise parts of the framework that enable or facilitate the transfer or sharing of sensitive health data until the legal challenge is concluded.
Government and US insist privacy is protected
Kenya’s government has moved to reassure a sceptical public. President William Ruto said the attorney-general’s office had gone through the agreement with a “tooth comb” to ensure that Kenyan law continues to govern how Kenyans’ data is handled.
Officials on both the Kenyan and US sides have since stressed that only aggregated, de-identified health data would be shared under the arrangement, and that individual medical records would not be directly accessible to US authorities. Critics, however, remain unconvinced, pointing to Kenya’s uneven track record on data protection and the strategic importance of health information.
A new model for US health aid in Africa
The suspended deal is part of a broader overhaul of Washington’s foreign aid programme. Under its new global health strategy, Donald Trump’s administration has been moving away from routing most funding through international NGOs and aid agencies, and instead prioritising direct, government-to-government agreements.
In Kenya’s case, the five-year framework is valued at $2.5bn, with the US expected to contribute about $1.7bn and the Kenyan government $850m. Nairobi is also expected to gradually increase its own health spending over the life of the agreement, taking on more responsibility for financing key programmes.
At the signing ceremony, US officials described the pact as a “landmark” agreement that would deepen cooperation on priority health areas including HIV, TB, malaria and emerging diseases.
Since sealing the deal with Kenya, Washington has entered into similar health cooperation agreements with Rwanda, Lesotho, Liberia and Uganda, using the same model of long-term, co-financed partnerships tied closely to national health systems.
What happens next
For now, the High Court’s orders mean that any part of the framework that involves the sharing or transfer of sensitive personal health data is on hold. The broader implementation of the deal is effectively frozen until judges decide whether it complies with Kenya’s constitution and data protection laws.
The case is next due in court on 12 February, when the High Court is expected to give further directions on how the challenge will proceed. Until then, the deal remains a flashpoint in Kenya’s wider debate over digital sovereignty, foreign aid and who ultimately controls citizens’ most intimate data.