Not so fast: High Court slams break on Trump-Ruto controversial health deal

Cold water has been poured on President William Ruto’s much touted but controversial Health Cooperation Framework signed last week between the United States of America and Kenya in Washington after the High Court issued conservatory orders suspending its implementation and operationalisation.

This marks the latest blow the president has suffered with courts halting government-initiated undertakings opaquely mooted with little or no public participation.

While issuing the orders on Thursday, December 11, 2025, Justice Bahati Mwamuye specifically suspended the component of the pact relating to the transfer of health and personal data. The order effectively halts this aspect of the agreement pending further legal review.

“A conservatory order is hereby issued suspending, staying, and restraining the respondents, whether by themselves, their agents, or assigns, 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.”

Mwamuye directed that the case be mentioned on February 12, 2026 before Justice Lawrence Mugambi to confirm compliance and to take directions on the expedited hearing and determination of the petition.

This follows filing of twin separate suits before the High Court seeking to slam breaks on the implementation of the controversial Sh200billion health deal signed last week between the United States of America and Kenya.

 The two separate cases have been filed by Busia Senator Okiya Omtatah and the Consumer Federation of Kenya (COFEK) challenging the governance and oversight of the health agreement.

 They want the court to quash the deal in its entirety citing grave violation of the Kenyan constitution, the supreme law of the land arguing that it was not subjected to public participation and threatens Kenya’s sovereignty.

On Tuesday, December 9, 2025, COFEK filed the suit saying the deal whose last week’s signing in Washington was overseen by President William Ruto and his US counterpart Donald Trump and was allegedly done in a secret manner.

“Despite its significant implications, the framework was not subjected to the constitutional principles of good governance under Article 10. This omission occurred even though the agreement involves cross-border transfer of sensitive health information and touches on national-security interests,” COFEK says in its suit papers.

“By failing to adhere to the values of accountability, transparency, public participation, and integrity in governance, the Respondents acted contrary to Article 10. The process was therefore opaque and constitutionally improper,” the lobby claimed.

Cofek’s lawyer Tali Israel Tali told High Court Judge Lawrence Mugambi yesterday that there was no public participation or involvement of stakeholders by the government before the President signed the deal.

He asserted that health data on HIV/AIDS, TB, malaria, maternal health and disease surveillance is critical to the country’s national security and too sensitive to be handed to a foreign country for a fee.

“Once Kenya’s medical and epidemiological data is transferred abroad, the harm becomes permanent and irreversible. Neither this honourable Court nor Kenyan regulators will have the power to recall, restrict or oversee the foreign use of such data. This exposes citizens to lasting privacy violations, stigma and potential misuse of their information. The irreversible nature of the harm elevates the urgency of the matter,” argued Tali.

The court heard that the Data Protection Act prohibits data holders from sharing or selling data without the subject’s consent.

On Thursday, December 10, 2025, the Busia Senator told the Constitution and Human Rights Division of the High Court to declare the US$1.6 billion deal invalid because it has not been ratified by Parliament as required under the Treaty Making and Ratification Act.

Omtatah further says the President Ruto has put Kenya’s sovereignty and the private data of Kenyan citizens at risk, noting that the deal was signed in the President’s presence during an official engagement with US Secretary of State Marco Rubio in Washington.

“Unless conservatory orders are issued, the government will proceed with measures that violate the Constitution and several national laws on public finance, treaty-making, health regulation, and data protection,” Omtatah says in documents filed in court.

The petition seeks orders stopping the government from spending public funds, entering into contracts, or rolling out policies linked to the agreement.

Prime Cabinet Secretary and Cabinet Secretary for Foreign Affairs Musalia Mudavadi, who signed the agreement in Washington, has been listed as the first respondent. Others include Health Cabinet Secretary Aden Duale, National Treasury Cabinet Secretary John Mbadi, and Attorney-General Dorcas Oduor.

In his petition, Omtatah has also named the Katiba Institute as an interested party.

The Senator cited clauses requiring Kenya to treat approvals by the US Food and Drug Administration (FDA) as sufficient grounds for the use of medical products in Kenya, saying this undermines the mandate of the Pharmacy and Poisons Board.

Omtatah further says the deal will weaken Kenya’s regulatory agencies due to provisions granting US authorities audit access to health facilities, supply chains, and financial accounts.

The petition comes hours after President William Ruto assured Kenyans that the Kenya–United States Health Cooperation Framework will not be used to exploit the country or compromise the interests of its citizens.

The President said the agreement is anchored in firm legal principles and guided by national security and public interest considerations, adding that it does not undermine the rights of Kenyans, including those related to health data.

He said the Office of the Attorney-General thoroughly examined the agreement and confirmed that Kenyan data protection laws take precedence.

“Nobody and no government will take advantage of the people of Kenya or the Government of Kenya as long as I am President,” Ruto said.

President Ruto also warned against what he termed deliberate misinformation by some agencies that previously benefited from acting as intermediaries in US-funded health programmes.

He added that it was the United States Government that decided to discontinue funding through third-party organisations under what he described as the “NGO industrial complex.”

“If they have a problem with the current structure, they should speak to the Government of the United States, because it is the one that decided, for efficiency, that these resources should go directly to the government,” he said.

Tali said the government’s decision ought to be subjected to scrutiny as it is putting Kenyans in a harms way. He said that if the deal is implemented, there will be no way of compensating reversing the alleged damage.

Cofek’s secretary general Stephen Mutoro in his supporting affidavit said the framework ought to have been subjected to public participation and Parliamentary oversight.

According to him, the health pact was a decision made by the Executive only, adding that it is allegedly illegal. “I verily believe to be true, that the execution of the Framework without legislative scrutiny, public participation, or regulatory compliance renders the entire process constitutionally defective and administratively unlawful.

“Such unilateral Executive action offends principles of transparency, accountability and public involvement,” claimed Mutoro.

Cofek has sued Health Cabinet Secretary Aden Duale, Prime Cabinet Secretary Musalia Mudavadi, Digital Health Agency, office of data protection commissioner, National Assembly and Senate, and Attorney General Dorcas Oduor.

The deal had raised uproar, with Kenyans demanding full disclosure.