The Court of Appeal has handed the government a temporary legal victory by halting orders that had stopped the implementation of the Kenya–United States Health Cooperation Framework, giving President William Ruto’s administration the green light to proceed with the programme pending a final ruling.
In a ruling delivered on May 12, a three-judge bench stayed earlier orders issued by the High Court in December 2025.
Those orders had blocked the government from implementing the deal after concerns were raised about the Constitution and data protection.
The appellate court said the High Court’s orders will remain on hold until the case is fully heard and decided, with the ruling expected on October 30, 2026.
“Upon hearing the parties, the Court reserved the ruling for 30th October 2026. For reasons to be given in the Ruling, an interim order is hereby issued, staying the conservatory order issued by the High Court in Nairobi Petition No. E816 of 2025 on 19th December 2025 pending the delivery of the Ruling,” read the ruling.
Government Regains Footing in Contested Deal
The case had been filed by the Attorney General and the Cabinet Secretary for Health, who said the continued suspension was hurting health programmes linked to the partnership.
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They argued that stopping the framework risked delaying essential services and funding needed to fight diseases.
With this temporary decision, the government can now continue with the agreement, which is expected to support Kenya’s healthcare system through funding and technical assistance.
The deal, which was signed in Washington, D.C. on December 4, 2025, in the presence of President Ruto, included support for HIV/AIDS, tuberculosis, malaria programmes, and other efforts to improve the health system.
Concerns That Led to the Dispute Over the Health Deal
The Kenya–US agreement has faced legal challenges since its signing, particularly from Busia Senator Okiya Omtatah and pressure groups.
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In December 2025, the High Court stopped its implementation after petitions raised concerns about how the deal was made.
Issues included a lack of public participation, limited parliamentary oversight, and possible breaches of Kenya’s data protection laws.
Court filings warned that the agreement could allow access to personal medical records, including HIV and tuberculosis data, if clear safeguards are not put in place.
The petitioners also questioned the financial impact, saying Kenya had committed to increasing its health spending under the deal, which could strain public resources.
Omtatah also argued that the agreement did not meet constitutional requirements, including public involvement and legislative approval.
Implications of the Court of Appeal’s Decision as the Case Awaits Final Determination
The ruling of the Court of Appeal does not end the case but gives the government temporary relief, allowing the programme to continue while the legal issues are still being decided.
This means health programmes linked to the agreement can move forward, helping to protect access to medicines, funding, and other services that had been paused.
At the same time, the court made it clear that the key issues raised, including data privacy, constitutional compliance, and financial commitments, will be addressed in the final ruling later this year.
