Health Ministry clarifies Kenya–US health partnership respects sovereignty, data protection
The Ministry reiterated its commitment to protecting citizens’ health data while leveraging international cooperation to strengthen Kenya’s health system and accelerate progress toward UHC.
The Ministry of Health has clarified that the recent agreement between Kenya and the United States on Universal Health Coverage (UHC) is a cooperative policy arrangement, not an international treaty.
The initiative is designed to strengthen Kenya’s health system, improve access to essential healthcare services, and direct resources toward disease prevention for all citizens.
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Health CS Aden Duale, in a statement on Friday, emphasised the government’s commitment to transparency and legal compliance.
“This partnership was drafted with full respect for Kenya’s sovereignty, data ownership, and intellectual property, while securing critical support to strengthen our health security. All instruments were intentionally structured as cooperative policy arrangements, fully compliant with the Constitution and Kenyan law,” he said.
The government stressed that the framework transitions to a Government-to-Government funding model, which enhances accountability and ensures that critical resources reach priority areas in the health sector.
“The instruments were carefully structured to avoid creating obligations under international law, as explicitly codified in Article 5(g) of the Data Sharing Agreement, which clarifies that the framework does not constitute an international treaty.”
On data privacy, the Ministrysaid the agreement restricts data sharing to aggregate information, explicitly protecting personally identifiable health information.
The Ministry acknowledged that the public and courts have raised questions about data sharing. CS Duale clarified that the current conservatory orders are limited to data sharing and do not suspend the broader partnership, which continues to operate under the cooperative framework.
He assured that once the courts review the full documentation, they will recognise the intent, legality, and safeguards embedded in the agreement.
The government emphasised that the partnership is designed to secure immense benefits for Kenyans, including enhanced healthcare delivery, disease prevention, and improved health system resilience.
“We are confident that the courts will affirm that all legal due processes were followed and that the agreements are fully compliant with the Constitution and laws of Kenya,” he said.
The Ministry reiterated its commitment to protecting citizens’ health data while leveraging international cooperation to strengthen Kenya’s health system and accelerate progress toward UHC.
The High Court recently halted the Sh208 billion Kenya–United States Health Cooperation Framework over concerns that parts of the agreement could violate constitutional protections, particularly around privacy and data handling.
Justice Bahati Mwamuye issued conservatory orders directing the government and its representatives to stop any steps toward enforcing the framework until the legal challenge is heard. The orders specifically bar the State from implementing, operationalising, or giving effect to any part of the agreement that involves the transmission or handling of personal health, epidemiological, or other sensitive medical data.
The ruling came in response to a petition by the Consumers Federation of Kenya (COFEK), which argues that the deal threatens Kenyans’ constitutional rights by allowing health data exchange without proper public participation or legal safeguards.
COFEK also contends that the agreement may breach several statutes, including the Data Protection Act, Digital Health Act, and the Health Act.
A second petition by Busia Senator Okiya Omtatah similarly seeks to halt implementation, citing a lack of public participation, parliamentary scrutiny, and potential fiscal risks. Both cases will be heard separately in court.
“Pending the inter partes hearing and determination of the petition, a conservatory order suspending, staying and/or restraining the respondents from implementing or operationalising the Health Cooperation Framework insofar as it provides for or facilitates the transfer, sharing or dissemination of medical, epidemiological or sensitive personal health data,” the court stated in part.
This order comes amid broader public debate and concern over data protection, constitutional rights, and the nature of Kenya’s international agreements.
According to the government, the Kenya–US UHC Cooperation Framework is a five-year partnership (2025–2030) providing around $1.6 billion (Sh208 billion)to strengthen Kenya’s health system and advance UHC. Kenya will co-invest about $850 million during the same period.
The agreement aims to strengthen national health institutions, support priority programmes such as HIV/AIDS, malaria, and maternal and child health, improve workforce capacity, expand digital health systems, and enhance disease surveillance. It prioritises government-to-government funding to ensure accountability and sustainability.
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