High Court suspends sections of Ruto-Trump health deal

 

President Donald Trump hosted President William Ruto in Washington DC where the two sides signed a Sh207 billion health deal. [PCS]

The High Court has put the brakes on the Sh207 billion health deal between Kenya and the United States.

Justice Bahati Mwamuye, in his orders, barred the government from implementing or sharing health data with the President Donald Trump-led government until the application filed by Consumer Federation of Kenya (Cofek) is heard and determined.

He directed that the Health Ministry, Foreign Affairs Ministry and Attorney General to respond to the claims and appear before Justice Lawrence Mugambi for a mention in February next year.

“Pending the inter partes hearing and determination of the Petitioner/Applicant's Notice of Motion Application dated 09/12/2025, a conservatory order be and is hereby issued suspending, staying and/or restraining the Respondents…from implementing, operationalizing, or howsoever giving effect to the Health Cooperation Framework executed between the Government of Kenya and the Government of the United States of America on or about 4th December 2025, insofar as it provides for or facilitates the transfer, sharing or dissemination of medical, epidemiological or sensitive personal health data,” the court ruling read in part.

The petition, filed by COFEK through lawyer Tali Tali, contends that the health deal signed on December 4, 2025, threatens the privacy of millions of Kenyans and violates constitutional and statutory safeguards.

The Framework requires Kenya to share extensive medical data, including HIV/AIDS, tuberculosis, malaria, maternal and child health, and disease surveillance, as part of the country’s strategic health security infrastructure.

COFEK argues that the deal was executed without proper parliamentary oversight and lacked public participation, contrary to constitutional principles of transparency, accountability, and integrity under Article 10.

“Despite its significant implications, the Framework was not subjected to the constitutional principles of good governance… The process was therefore opaque and constitutionally improper,” the petition states.

The petitioners further warned that once Kenya’s medical and epidemiological data is transferred abroad, the harm becomes permanent and irreversible.

“Neither this Honourable Court nor Kenyan regulators will have the power to recall, restrict or oversee the foreign use of such data. This exposes citizens to lasting privacy violations, stigma and potential misuse of their information,” the lobby group adds.

Earlier on, President Ruto dismissed claims that the government had agreed to share Kenyan citizens’ data with Trump’s administration.

Speaking at the National and County Governments Summit at State House, Nairobi, on December 10, Ruto said the agreement was carefully reviewed by the State Law Office and posed no threat to citizens’ health data. 

“There is no equivocation whatsoever that the agreement can undermine the interest of the people of Kenya, including matters to do with our health data. The office of the Attorney General went through the agreement with a toothcomb,” said Ruto. 

“No government will take advantage of the people of Kenya so long as I am President,” he added

The final document followed intense negotiations when US officials visited Kenya. 

Health Cabinet Secretary Aden Duale and Medical Services Principal Secretary Ouma Oluga led the Kenyan delegation.