Why HIV patients want Omtatah to withdraw US health funding case

Busia Senator Okiya Omtatah at the Bunge Towers, Nairobi on July 29, 2024. [Elvis Ogina,Standard]

People living with HIV are calling for the withdrawal of the case that has halted the implementation of the landmark United States financial health support to Kenya. 

Through their umbrella, the National Empowerment Network of People Living with HIV/Aids in Kenya (Nenphak), they have urged Busia Senator Okiya Omtatah to reconsider his position and allow the release of the funds. 

During a protest march in Nairobi on Friday, the group warned that blocking the deal would leave them exposed and more vulnerable to other diseases.  

This comes after a court temporarily barred the government from implementing the deal following a petition filed by Omtatah, who is questioning the safety of Kenyans’ personal data under the agreement.

“We are asking Omtatah to withdraw that case because Kenya has been struggling to access HIV medication for a long time,” said Benard Baridi, a HIV prevention ambassador. 

He said the agreement had come as lifeline and their only hope after funding from the US President’s Emergency Plan for Aids Relief and USAid was cut by President Donald Trump’s administration. 

‘We don’t want to lose the life of any Kenyan,” he said. “The money supports essential commodities such as ARVs, prevention drugs, training healthcare workers and funding for social workers.”

“If the funds are stopped, we will begin experiencing shortages of ARVs and condoms and treatment will be disrupted. People might stop taking their medication, which could lead to advanced AIDS,” decried Baridi.

Justice Chacha Mwita of the Milimani High Court, in his interim ruling on December 11, 2025, barred the State from implementing the deal “insofar as it provides for or facilitates the transfer, sharing, or dissemination of medical, epidemiological, or sensitive personal health data.”

In his petition, Omtatah argued: “Unless conservatory orders are issues, there is a real risk of violating express provisions of the Constitution as the respondents implement the framework.”

The historic Sh208 billion ($2.5 billion) deal, expected to run for five years, was signed by President William Ruto on December 4 last year during his visit to the US.

The Friday protest walk, which started at Jevanjee Gardens, proceeded through Muindi Mbingu Street to the Supreme Court and ended at Parliament Buildings, also saw NENPHAK urging the Judiciary to heed their plea.

“We are here to tell our government, the Supreme Court and everyone else that our lives matter. Stopping the funding from coming to Kenya means no one cares about people living with HIV, TB and malaria,” said Edith Nyambura, a NENPHAK official.

According to Zippy Achieng, an HIV champion, cancelling the deal would prolong the suffering of those left jobless after the US funding cuts.

“He has to hear our appeal because we need this to have HIV-negative babies and negative partners. If he stops this, cases will continue to rise,” she said.

Joyce Adhiambo, a patient, added: “We ask Omtatah to consider the interests of Kenyans instead of being selfish,” urging the government to defend them as a marginalised community.

Health Cabinet Secretary Aden Duale assured Kenyans that the government would comply with the court’s ruling, while also planning to challenge it.

“We note that the current conservatory orders are specific to data sharing and do not suspend the broader partnership,” he said in a statement. “The court’s ruling only affects parts of the agreement on data sharing, not the entire deal as reported.”

NENPHAK Director Nelson Otuoma, who also took part in the funding negotiations, defended the agreement insisting it was grounded in human rights and that patients’ personal data are secure. The case is scheduled for hearing on February 12.