Controversial Sh207 billion Kenya–US health deal moves forward after Appeal Court ruling

Kenya and the United States have agreed to move forward with a Sh207 billion (US$1.6 billion) health cooperation partnership, reviving a major health program that had been frozen in court for several months.

The deal was initially stalled after a High Court order temporarily halted its implementation. However, the Court of Appeal lifted the freeze in May, clearing the way for the program to proceed despite ongoing public debate and criticism.

Treasury Principal Secretary Chris Kiptoo confirmed the development on June 8, saying the agreement will now proceed to nationwide implementation.

“We have reached an agreement on the implementation of the Kenya–US Health Cooperation Partnership, a five-year program valued at US$1.6 billion,” Kiptoo said.

The five-year programme focuses on strengthening key areas of Kenya’s health system, including disease surveillance and outbreak response, laboratory services, health commodity supply chains, the transition of frontline health workers, and the expansion of digital health systems.

The announcement followed discussions between Kiptoo and US Chargé d’Affaires Susan Burns at the National Treasury, where both sides reaffirmed their commitment to deepening bilateral cooperation and strengthening economic ties.

Kiptoo also highlighted the role of US companies in Kenya’s economy, noting their contribution to job creation, investment, and skills development under the broader partnership framework.

Despite its revival, the agreement continues to face criticism from activists, lawmakers, and legal experts who argue that it lacked adequate public participation and parliamentary oversight.

Some critics, including Busia Senator Okiya Omtatah, have questioned how the deal was concluded, while organisations such as the Consumers Federation of Kenya (COFEK) and the Katiba Institute have raised concerns about the handling of sensitive health data, including HIV and TB records.

In response, the US government has dismissed fears over data misuse, stating that any information shared will comply with privacy laws in both countries. US officials have also emphasised that data handling will be aggregated to protect individual privacy.

Health rights organisation Kenya Legal & Ethical Issues Network on HIV and AIDS (KELIN) warned that the full legal immunity granted to US personnel and contractors could prevent Kenyan courts from holding American firms accountable in cases of alleged data misuse.

The deal has also sparked public concern over its financial implications, with critics pointing to a requirement for Kenya to contribute an additional Ksh 110 billion of taxpayer funds toward US-approved health priorities over the next five years.

The High Court had initially frozen the agreement in December 2025, just days after it was signed, citing serious constitutional concerns. The US government later paused implementation in February 2026, stating that it would respect the court process.