Court Suspends Kenya–US Health Agreement over Data Privacy Concerns

The High Court has blocked the implementation of a health cooperation agreement between Kenya and the United States, citing concerns over the protection of citizens’ medical data. 

The suspension follows a petition by the Consumer Federation of Kenya (Cofek), which argues the deal could lead to privacy violations and undermine national sovereignty. The agreement, signed on 4 December 2025, involves the transfer of extensive health and epidemiological data from Kenya to US institutions. 

Cofek argues that once the data leaves the country, Kenya would lose control over its use, potentially exposing millions of citizens to privacy breaches and misuse of their health information. In response, the court issued conservatory orders, halting any steps to implement the agreement until the case is fully heard. A hearing is scheduled for 12 February 2026. 

A separate petition filed by Busia Senator Okiya Omtatah is also awaiting further directions. Cofek maintains that the government has already begun preparations for the agreement, including setting up data-sharing systems with US entities. 

The federation claims these actions are unlawful, bypassing necessary safeguards under Kenya’s Data Protection Act, the Digital Health Act, the Health Act, and newly enacted Digital Health (Data Exchange Component) Regulations. These laws require strict protocols before any health data can be transferred abroad.

The agreement requires Kenya to share data on health issues such as HIV/AIDS, tuberculosis, malaria, maternal health, and disease surveillance. Cofek argues that these datasets are vital to the country’s health security and should be protected as national assets. 

Stephen Mutoro, Cofek’s secretary-general, criticised the government for not following constitutional principles of transparency and public participation in the agreement’s process.