Kenyan government has asked the Court of Appeal to overturn a High Court order freezing a USD 2.5 billion (Sh322 billion) health cooperation framework with the United States, warning the suspension threatens vital funding and medical support for millions.
In an urgent application, Attorney General Dorcas Oduor said non-implementation would delay critical health benefits, some of which may be permanently lost due to the urgent nature of public health needs.
She argued the High Court overlooked the polycentric nature of foreign relations and issued orders that could harm Kenya strategic interests in a competitive global environment for health resources.
Impact on disease programmes
The government stated the orders will immediately disrupt HIV, TB and malaria responses, human resources for health, commodity supply, service delivery and logistics systems.
“As a result of the learned judge decision, the fate of adequate funding for treatment of TB and TB/HIV patients hangs in the balance,” the application read.
The five-year framework, signed 4 December 2025 in Washington by Prime Cabinet Secretary Musalia Mudavadi and US Secretary of State Marco Rubio in the presence of President William Ruto, commits USD 2.5 billion (Sh322 billion) from the US to strengthen Kenya health systems, disease surveillance, maternal and child health, and outbreak response. Kenya pledged an additional USD 850 million in domestic funding.
Court freeze and legal challenge
High Court Justice Chacha Mwita halted implementation in mid-December 2025 following petitions by Busia Senator Okiya Omtatah and the Consumer Federation of Kenya (Cofek). The court cited public interest in preserving the status quo pending full hearing.
Petitioners challenge the deal for lack of parliamentary approval, inadequate public participation and risks to data privacy, including potential irreversible transfer of sensitive health information.
Attorney General Oduor warned the orders block the government from meeting immediate healthcare needs of millions. “The benefits to be accrued may never be recovered and external support is not guaranteed and may be redirected to another developing country.”
Health Principal Secretary Ouma Oluga, in a supporting affidavit, called the matter of immense public interest and said the suspension causes disproportionate hardship to ordinary Kenyans while favouring a few private interests. He noted the order has restricted critical treatment for 1.4 million people.
Challenger response
Senator Omtatah opposed the appeal, describing the High Court orders as purely conservatory and temporary. “They do not determine rights, do not pronounce on constitutionality and do not prevent the government from defending the petition on merits.”
He rejected government claims as broad and emotive, saying no evidence shows existing services or funding have stopped. Omtatah warned that lifting the freeze risks irreversible harm if the framework is later ruled unconstitutional, including unlawful commitments of public funds and irreversible processing of sensitive health data.
Stakes remain high
The Court of Appeal now weighs the urgent application amid concerns over potential disruption to essential health programmes. The case tests the balance between executive foreign policy powers, judicial oversight and constitutional protections in international health partnerships.
