Unions warn of legal action after court freezes Sh322bn US–Kenya health deal

By Benadeta Mwaura - Reporter

Kenya ,December 20, 2025 -Medics’ unions have threatened to take legal action against the High Court’s order freezing implementation of a controversial Sh322 billion health cooperation agreement between Kenya and the United States, saying the suspension will deny Kenyan patients access to critical health services and disrupt planned workforce expansions.

The framework, signed in Washington, D.C. on December 4, 2025, by Prime Cabinet Secretary Musalia Mudavadi and U.S. Secretary of State Marco Rubio, aimed to deepen health sector cooperation, strengthen disease prevention efforts and channel funding directly to Kenya’s public health system.

But just days after its signing, the Milimani High Court issued conservatory orders halting the entire implementation of the deal pending the hearing and determination of legal challenges. The ruling was delivered following petitions by Busia Senator Okiya Omtatah and the Consumers Federation of Kenya (COFEK), who argue the agreement was signed without proper public participation and parliamentary debate, and that it could violate data protection laws.

At a press briefing in Nairobi, health sector unions, including the Kenya Medical Practitioners, Pharmacists and Dentists Union (KMPDU), Kenya Union of Clinical Officers (KUCO), Kenya National Union of Pharmaceutical Technologists (KNUPT) and others, faulted the High Court for freezing the deal without proposing alternative arrangements.

“As unions, we are going to court to say that the lives of patients are in danger due to this articular order,” said Davji Atellah, Secretary General of KMPDU. “As we look to protect the data of Kenyan citizens, we must have an alternative that ensures every Kenyan can access the much needed care.”

Union leaders also warned that the planned hiring of 13,800 health workers, central to filling staffing gaps in the fight against malaria, tuberculosis and HIV, now hangs in the balance amid legal uncertainty. They argue that existing Kenya data protection laws, including the Data Protection Act and the Digital Health Act, already protect personal information, and that the agreement should not be suspended without clear data handling safeguards and alternative mechanisms to ensure continuous health service delivery.

The High Court’s move stems from two legal petitions: Busia Senator Okiya Omtatah contends that the deal had no parliamentary approval, lacked public participation and could expose Kenya’s sovereignty and public funds to legal risk if implemented without proper scrutiny. And, The Consumers Federation of Kenya (COFEK) went to court arguing the pact violates constitutional privacy protections by permitting transfer, sharing or dissemination of medical, epidemiological or other sensitive personal health data without clear legal safeguards.

In his ruling, Justice Chacha Mwita ordered that implementation of the health agreement be stayed entirely, particularly those provisions that relate to data transfer and personal information handling, until the legal questions are fully resolved in court.

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The government has defended the agreement, with Health Cabinet Secretary Aden Duale stressing that the framework was drafted to respect Kenya’s sovereignty and data protection laws, and structured as a policy cooperation framework rather than a binding treaty.

“All instruments were intentionally structured as cooperative policy arrangements, fully compliant with the Constitution and Kenyan law… and restrict data sharing to aggregate information, explicitly protecting personally identifiable health information,” CS Duale said.

However, legal experts and critics have flagged key provisions that could conflict with Kenyan law on privacy, public participation and parliamentary oversight, particularly the aspects allowing data sharing and access by foreign partners without clear statutory backing.

The clash over the US–Kenya deal highlights deeper tensions in Kenya’s public policy landscape: Health system financing, the deal proposed moving away from NGO led funding to direct government to government financing, which proponents say will reduce administrative overhead and improve service delivery.

Data privacy and sovereignty, the legal fight underscores growing concerns around who controls sensitive health data, and under what legal frameworks information is shared internationally. Governance and public process, Critics argue public participation and parliamentary review are necessary for agreements with such wide ranging implications.

As legal battles loom, the unions and other stakeholders have signalled they are ready to return to court as early as December 22, 2025, under urgency certificates to have the conservatory orders lifted or clarified.