Health Cabinet Secretary Aden Duale has broken silence after the High Court suspended the implementation of the Ksh208 billion Kenya and US health cooperation agreement.
In a statement on Friday, December 12, CS Duale noted that the conservatory orders only suspend the sharing of health data but do not affect the broader partnership between Kenya and the US.
“We fully recognize and respect the crucial role of the Courts in interpreting the law and safeguarding the rights of Kenyans.
“We note that the current conservatory orders are specific to the sharing of data and do not suspend the broader partnership,” Duale stated.
The Health Cabinet Secretary expressed confidence that the High Court will deliver a fair ruling once the full documents of the agreement, previously unavailable at the time the conservatory orders were issued, are presented before the court.
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“The Government is confident that once the Honorable Court is presented with the full documentation and facts, which were not available prior to the issuance of the interim orders, it will appreciate the intent and spirit of this partnership.
“We believe the Court will affirm that all legal due processes were followed and that the agreements are fully compliant with the Constitution and the laws of Kenya,” Duale remarked.
He further reiterated that the agreement between Kenya and the US was drafted with strict adherence to due process, ensuring that Kenya’s sovereignty, data ownership, and intellectual property are fully protected.
Duale also mentioned that the deal explicitly restricts the sharing of aggregate data to protect personally identifiable information.
“On the critical issue of data privacy, the Agreement contains stringent safeguards to protect citizens. Article 2(a) mandates strict compliance with the Data Protection Act, 2019, and the Digital Health Act, 2023, while Article 5(f) includes a "supremacy clause" ensuring that Kenyan law prevails in any conflict,” Duale added.
“The agreement also explicitly restricts sharing of aggregate data to protect personally identifiable information.”
On Wednesday, December 10, Justice Bahati Mwamuye issued conservatory orders halting the implementation of the health cooperation agreement.
The high court judge issued the orders following a petition filed by the Consumers Federation of Kenya (COFEK).
Justice Mwamuye also said that the case will be mentioned on February 12, 2026, before Justice Lawrence Mugambi.
The Ksh208 billion health data agreement between Kenya and the US was signed on Thursday, December 5, in Washington, D.C.
President William Ruto witnessed the signing of the deal by US Secretary of State Marco Rubio and Prime Cabinet Secretary Musalia Mudavadi.
Under the framework, the US will provide up to Ksh208 billion ($1.6 billion) over the next five years to support priority health programs in Kenya, including HIV/AIDS, tuberculosis (TB), malaria, maternal and child health, polio eradication, disease surveillance, and infectious disease outbreak response and preparedness.
