Kenya’s High Court has temporarily blocked provisions involving health data sharing in a $2.5 billion (£1.9 billion) cooperation agreement with the United States, following a consumer group’s legal challenge over privacy protections. The five-year agreement was signed on 4 December 2025.
Justice Bahati Mwamuye’s order restricts implementation of the framework “insofar as it provides for or facilitates the transfer, sharing or dissemination of medical, epidemiological or sensitive personal health data”, according to the ruling quoted by The Standard. The restriction applies pending the hearing and determination of an application dated 9 December. Its wording does not suspend the entire partnership.
The Consumers Federation of Kenya (COFEK), which brought the challenge, alleges that the agreement threatens constitutional and statutory privacy protections. It also argues that the framework was signed without proper parliamentary oversight or public participation.
COFEK warned that Kenyan regulators could lose the ability to oversee medical and disease-surveillance information transferred abroad. The group also argued that external control of pharmaceuticals for emerging diseases and digital infrastructure, including cloud storage of raw health data, could undermine Kenya’s control of its health systems. The interim order does not resolve those allegations.
Officials dispute access to individual records
Kenyan and US officials have disputed claims that the framework would give US authorities access to individual medical records, including HIV status, tuberculosis treatment histories and vaccination information.
In a statement on 4 December, Health Cabinet Secretary Aden Duale said only de-identified, aggregated data would be shared. He said approvals must go through Kenya’s Digital Health Authority and Data Protection Commissioner, and that the Digital Health Act and Data Protection Act would apply, according to Kenyans.co.ke.
US Embassy Chargé d’Affaires Susan Burns said on 5 December that the shared information would be statistical, such as the total number of people receiving antiretroviral drugs, rather than records identifying individual patients. Kenyans.co.ke reported that Burns also said US funding would support the expansion of Kenya’s electronic medical records and other health information systems.
President William Ruto defended the agreement on 10 December, saying the attorney-general’s office had reviewed it and that Kenyan law would continue to govern Kenyans’ data.
Funding and the legal challenge
The agreement forms part of the Trump administration’s shift towards direct government-to-government health aid partnerships. Under the Kenyan framework, the US is expected to contribute about $1.7 billion and Kenya $850 million, according to the BBC. Kenya is also expected to increase its health spending and assume more responsibility for financing programmes.
According to Duale’s account reported by Kenyans.co.ke, the investments are intended to address HIV, tuberculosis and malaria and strengthen outbreak response.
The court directed Kenya’s Health Ministry, Foreign Affairs Ministry and attorney-general to respond to the challenge. The case is next due in court on 12 February 2026 for further directions.