Health Ministry denies sharing Kenyans’ private medical data under US partnership

The Ministry of Health has dismissed claims that Kenyans’ personal medical information has been shared under the new five-year health partnership with the United States.

Health Cabinet Secretary Aden Duale said the framework, signed on Thursday in Washington, strictly protects citizens’ privacy and focuses only on aggregate-level data, ensuring no individual medical records or identifiers are shared.

The agreement, valued at Sh208 billion, will see the US Government invest in Kenya’s health institutions over the next five years, supporting priority health programmes while strengthening the long-term sustainability of national health systems.

In a statement on Sunday, Duale emphasised that Kenya retains full ownership of all health data and intellectual property within the covered systems. He clarified that the framework is designed around aggregate-level information displayed in dashboards and national reports, with no requirement to share private details such as names, ID numbers, addresses, phone contacts or individual medical files.

“The Agreement goes further and sets a firm guardrail: to the maximum extent practical, Kenya shall not provide individual-level data or personally identifiable information—PII—to the US Government. That sentence exists to protect Kenyans. It was deliberately included to stop exactly the kinds of fears being circulated today,” Duale said.

He added that the deal complies with the Constitution, the Health Act 2017, the Data Protection Act 2019, and the Digital Health Act 2023.

“This Agreement does not exist in a vacuum. It sits within Kenya’s constitutional order, where the right to privacy is guaranteed, and where any limitation of rights must be lawful, reasonable, and justifiable. That constitutional standard is non-negotiable,” Duale said.

He noted that the framework will accelerate efforts to eliminate HIV, tuberculosis and malaria while supporting the transition to fully self-reliant national health systems by 2030.

The United States Embassy in Nairobi has also reassured Kenyans that their data remains secure and unidentifiable, clarifying that the $2.5 billion investment is direct government-to-government assistance rather than a loan, aimed at strengthening Kenya’s health system and reducing dependence on donor-led programs.

Under the agreement, Kenya will additionally increase its domestic health spending by $850 million over the next five years. The deal positions Kenya as the first African country to sign a government-to-government health cooperation framework with the United States.

CS Duale further revealed that documents detailing the agreement signed between President William Ruto and US President Donald Trump will be made available in Parliament. The signing ceremony, held on December 4, 2025, in Washington, D.C., involved US Secretary of State Marco Rubio and Kenya’s Prime Cabinet Secretary Musalia Mudavadi, with President Ruto in attendance.

“Together on HR, over 13,000 Kenyans, healthcare workers, are working under these programs. This new architecture removes implementing agencies and NGOs from the middle and is a direct G2G agreement for the benefit of Kenyans. I will shortly make the documents available to Parliament,” Duale said on X Spaces.

He assured that the agreement is a public document, having undergone review by the National Treasury, Attorney General, and the Ministry of Health’s legal team.

“We have signed. What we are going to sign later are two things: the implementation matrix and the co-financing,” he added.

The announcement follows public concern over the government’s initial delay in disclosing the health deal. Critics, including whistleblower Nelson Amenya, argued that the arrangement could compromise citizens’ privacy.

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“They’ve already signed the America First health agreement, and instead of sharing the documents, they are holding X Spaces? Just share the documents, we have time to read for ourselves, it’s very simple,” Amenya said.

Social media influencer Adrian also questioned the transparency of the deal, warning that “Medical data access is being given to the US Government without transparency. The deal allows US officials to conduct random audits of 5 per cent of health facilities and access sensitive patient data without consent. This is a recipe for disaster.”

The new framework channels US funding directly to Kenyan institutions such as the Social Health Authority (SHA) and Kenya Medical Supplies Agency (KEMSA), reducing reliance on NGOs. Funds will support HIV/AIDS, tuberculosis, malaria, maternal and child health, and health system strengthening.

“We are delighted to sign this landmark agreement with Kenya, a longstanding American ally. Every dollar we spend on foreign assistance must be directly justified, and this framework advances shared health goals,” Jeremy P. Lewin, Senior Official for Foreign Assistance, Humanitarian Affairs, and Religious Freedom, said.

President Ruto emphasised the mutual benefits of the partnership, saying, “The Kenyan government is expanding essential health services and increasing domestic health financing. Kenyan and the United States’ commitments in the Framework are thus fully aligned and mutually beneficial. Kenya welcomes this partnership and the co-investment it represents.”