The United States has temporarily suspended a $1.6 billion (KSh207 billion) health cooperation agreement with Kenya after the High Court halted its implementation over constitutional and data privacy concerns.
The framework agreement, signed on December 4, 2025, brought together U.S. Secretary of State Marco Rubio and Kenya’s Prime Cabinet Secretary Musalia Mudavadi, and was intended to strengthen bilateral collaboration in the health sector.
However, the deal quickly ran into legal headwinds.
Legal Challenge and Court Orders
The agreement was challenged in court by the Consumers Federation of Kenya (COFEK) alongside Busia Senator Okiya Omtatah.
The petitioners argued that the framework allowed for the transfer of sensitive health data to U.S. entities without sufficient safeguards. They also claimed the agreement bypassed mandatory parliamentary oversight, raising constitutional concerns.
In December 2025, High Court Justices Bahati Mwamuye and Chacha Mwita issued conservatory orders suspending the implementation of the deal.
In February 2026, the court declined to lift the freeze, maintaining the suspension pending a full hearing and determination of the case.
US Embassy Response
The United States Embassy in Nairobi confirmed that the agreement would be reworked once the court delivers its final judgment.
Susan Burns, the Embassy’s Chargé d’Affaires, reassured stakeholders that ongoing health programmes would not be disrupted. She said existing support for HIV/AIDS, malaria, and tuberculosis interventions would continue through established channels such as the U.S. Centers for Disease Control and Prevention (CDC) and the embassy’s foreign assistance office.
Potential Funding Gap
Meanwhile, researchers from the University of Nairobi Centre for Epidemiological Modelling and Analysis (CEMA) have warned that a prolonged suspension could create a funding shortfall of approximately KSh71 billion.
According to the centre’s analysis, such a gap could significantly affect the supply of essential health commodities and the delivery of critical services across the country, particularly in disease prevention and treatment programmes.
What Happens Next?
With the agreement currently on hold, attention now shifts to the High Court’s final determination. The outcome will not only shape the future of U.S.–Kenya health cooperation but could also set an important precedent on data protection, parliamentary oversight, and international agreements involving sensitive public information.
For now, both governments appear to be waiting on the judiciary — as Kenya’s health sector weighs the potential consequences of a stalled multibillion-shilling partnership.





