Omtatah, lobby sue State over US deal as petitioner targets Adani deal whistleblower Amenya

Senator Okiya Omtatah. [Kanyiri Wahito, Standard] A Senator and a consumers watchdog have gone to court to stop the rolling out of the recent Kenya-US multi-billion-shilling health deal. Senator Okiya Omtatah and the Consumers Federation of Kenya (Cofek) yesterday filed separate petitions questioning the Sh207 billion agreement signed last week. And in another filing before the High Court, a man claiming to be a community health promoter wants Adani deal whistleblower, Nelson Amenya, barred from commenting or spreading information about the MoU. In his case, Omtatah argues that the deal had circumvented Parliament's oversight and created extra-budget expenditure without the approval by the second arm of government. He says the framework indicated there would be no legal consequences if the US violated the law. According to him, the non-binding nature meant that it prioritised America's geopolitical interests over equitable Universal Health Care. "The rushed signing, bypassing Parliament, usurps legislative authority and undermines the sovereignty of the people who delegated sovereign power to Parliament," says Omtatah, adding that the terms, conditions, obligations, procurement modalities, liabilities, and dispute resolution mechanisms of the deal have not been disclosed to the public. He also claims that framework creates direct and indirect public finance obligations, including potential co-financing, tax waivers, and recurrent expenditures, which have allegedly not been subjected to parliamentary appropriation. And Cofek argues that the deal violates the Constitution and health law, and was done in secret. The lobby's lawyer Tali Israel says there was no public participation or involvement of stakeholders before the deal was signed. He asserts that health data on HIV and Aids, TB, malaria, maternal health and disease surveillance is critical to the country's national security and too sensitive to be handed to a foreign country for a fee. "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," he argues in the case filed before Justice Lawrence Mugambi. "This exposes citizens to lasting privacy violations, stigma and potential misuse of their information." In the third case filed immediately after Cofek's, Dickson Khamonya blames Amenya for problems facing community health promoters (CHPs). Amenya is only one of the people who have been vocal on social media, accusing the government of getting the short end of the stick. In court, however, Khamonya, who attached parts of the agreement, claims Amenya got the wrong end of the stick. "CHPs are mandated under the Community Health Policy (2020-2030) to collect community level health data, maintain community health registers and support disease surveillance. Disruption of this work undermines public health systems and threatens the constitutional right to health. The impugned posts remain accessible on X (Twitter) and continue to be viewed, reshared and magnifying the ongoing harm," he argues. Khamonya wants Amenya ordered to delete all the information he published between December 1 and 5 before the case is heard and determined.

Omtatah, lobby sue State over US deal as petitioner targets Adani deal whistleblower Amenya

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Omtatah, lobby sue State over US deal as petitioner targets Adani deal whistleblower Amenya

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