Omtatah seeks removal of three judges over US health deal ruling

Busia County Senator Okiya Omtatah[Kanyiri Wahito, Standard]

Senator Okiya Omtatah has petitioned the Judicial Service Commission (JSC) seeking the removal of three Court of Appeal judges, accusing them of clearing the way for the implementation of the controversial Sh208 million Kenya–US health cooperation deal.

In the petition, Omtatah wants Justices Luka Kimaru, Sila Munyao and Johnson Ogolla removed for lifting High Court orders that had suspended the agreement and blocked sharing of Kenya’s health data with the United States government.

He argues that the judges committed a serious constitutional breach by staying the High Court orders on May 12 and deferring written reasons until October 30, 2026, a delay of about five months in a matter he describes as being of critical national interest.

“The JSC may find that the respondent judges deliberately issued a dispositive order wi

thout a contemporaneous reasoned ruling, in bad faith, thereby forfeiting judicial immunity under the Bellevue exception,” Omtatah stated in the petition.

The JSC acknowledged receipt of the complaint yesterday but is yet to respond. It will determine whether the judges will be required to defend themselves.

Omtatah further contends that the bench acted outside established judicial procedure by issuing a binding order without contemporaneous reasons, undermining transparency and his right to effective appellate review.

“This petition is not an attack on judicial independence. It is not a protest against an unfavourable ruling. It is not an attempt to intimidate judges,” he said.

At the centre of the dispute is a petition filed by Omtatah challenging the Kenya–US Health Cooperation Framework signed in Washington D.C. on December 4, 2025.

He argues the deal raises serious concerns over Kenya’s sovereignty, data privacy, parliamentary oversight, public finance, devolution and control of medicines and health products.

The High Court initially agreed that the matter raised arguable constitutional issues and on December 19, 2025, issued conservatory orders halting implementation of the framework, noting that proceeding would risk rendering the case moot before full hearing.

The government later moved to the Court of Appeal seeking to overturn the orders, arguing that the decision would disrupt health programmes serving millions of Kenyans.

On May 12, the three-judge bench lifted the conservatory orders but, according to Omtatah, did so without providing reasons, stating that written justification would be delivered nearly five months later.

He argues this left him unable to pursue a meaningful appeal to the Supreme Court, despite constitutional guarantees under Article 163(4)(a).

“As a consequence, I have been placed in an impossible constitutional position,” he said, adding that implementation of the framework has continued in the absence of clear judicial reasoning.

Omtatah warned that the effects were already irreversible, citing ongoing implementation covering HIV/AIDS, tuberculosis, malaria, maternal and child health, disease surveillance and outbreak preparedness. He also flagged planned infrastructure, including a US-linked Ebola isolation facility.

He cautioned that by the time reasons are issued in October 2026, sensitive data and financial commitments may already have been transferred and institutional systems altered.

The JSC is yet to publicly comment on the petition, while the three judges have not issued any response.