High Court Suspends Ruto-Trump Deal Worth Ksh200 Billion

The High Court has issued significant conservatory orders, effectively suspending the component of the recently signed health cooperation agreement between Kenya and the United States that governs the transfer of sensitive health and personal data.

Justice Bahati Mwamuye issued the ruling, which immediately halts the implementation of the data sharing mechanism until a legal review is completed. The order restrains the government from moving forward with the most contentious aspect of the Ksh$200$ billion deal, which was signed in Washington on December 4 by Prime Cabinet Secretary Musalia Mudavadi and U.S. Secretary of State Marco Rubio.

“A conservatory order is hereby issued suspending, staying, and restraining the respondents… from implementing or giving effect to the Health Cooperation Framework executed between the Government of Kenya and the Government of the United States of America,” Justice Mwamuye ordered.

“This suspension applies insofar as the agreement provides for or facilitates the transfer, sharing, or dissemination of medical, epidemiological, or sensitive personal health data.”

COFEK’s Data Privacy Challenge

The legal challenge was mounted by the Consumers Federation of Kenya (COFEK), which argued in court that the agreement violates the Constitution and relevant health laws, claiming the deal was done discreetly without adequate public consultation.

COFEK warned the court that transferring citizens’ medical and epidemiological data abroad would lead to “permanent and irreversible” harm. The lobby group contended that once the data is transferred, neither the court nor Kenyan regulators would possess the power to recall, restrict, or oversee how the information is used overseas, exposing citizens to lasting privacy violations.

The case has been scheduled for mention on February 12 next year before Justice Lawrence Mugambi to confirm compliance with the orders and to set directions for the expedited hearing of the main petition.

President Ruto Defends the Pact

The court’s ruling comes despite recent efforts by President William Ruto to quell intense public debate and fears over data safety within the partnership. Speaking at the 12th National and County Governments Coordinating Summit in Nairobi, Ruto clarified that it was the Kenyan government, not Washington, that initiated the negotiations.

The Head of State affirmed that U.S. State Department officials had visited Nairobi for extensive negotiations under a framework proposed by Kenya. He also assured the nation that Attorney General Dorcas Oduor was fully briefed on the progress and had legally cleared the deal, guaranteeing that the agreement contained no loopholes concerning data privacy.