A Kenyan High Court judge on Wednesday temporarily blocked the government from sharing sensitive health data with the United States under a $2.5 billion bilateral agreement signed last week with President-elect Donald Trump’s incoming administration, citing privacy and constitutional concerns.
Justice Bahati Mwamuye issued a conservatory order suspending any implementation of data-transfer provisions in the Health Cooperation Framework pending a full hearing. The case is set to return to court Feb. 12.
Court freezes sensitive data sharing
The ruling bars Kenyan authorities from “implementing, operationalizing or giving effect” to clauses that allow the transfer of medical, epidemiological or personal health data, including records on HIV/AIDS, tuberculosis, malaria and disease surveillance.
Mwamuye ordered the Health Ministry, Foreign Affairs Ministry and Attorney General to file responses by early February.
Consumer group challenges secrecy, risks
The Consumer Federation of Kenya filed the emergency petition Tuesday, arguing the Dec. 4 agreement was signed without parliamentary approval or public participation and violates constitutional protections on privacy and transparency.
The group warned that once sensitive data leaves Kenya it cannot be retrieved, potentially exposing millions to stigma or misuse abroad.
Ruto insists safeguards are in place
President William Ruto rejected the concerns Wednesday, saying the agreement was thoroughly reviewed.
“The attorney general went through it with a fine-tooth comb,” Ruto told reporters. “Kenyan law governs Kenyan data. No one will take advantage of our people while I am president.”
Health Cabinet Secretary Aden Duale and Principal Secretary Ouma Oluga, who led negotiations, have given similar assurances that Kenya retains full control.
Deal part of Trump’s new Africa strategy
The five-year framework totals $2.5 billion, with the U.S. contributing $1.7 billion and Kenya covering $850 million while gradually increasing its share. It focuses on disease prevention, laboratory upgrades and emergency response.
U.S. Secretary of State Marco Rubio called it a “landmark agreement” during the Washington signing ceremony. Since then, the Trump administration has signed similar direct government-to-government health pacts with Rwanda, Uganda, Lesotho and Liberia, with more in the pipeline.
The approach marks a shift away from traditional aid channeled through international agencies and NGOs, which Trump has sharply cut.
Latest judicial setback for Ruto
Kenyan courts have repeatedly intervened in major government initiatives, previously blocking a police deployment to Haiti and public-private health partnerships.
Legal analysts say Wednesday’s swift order reinforces the judiciary’s role in protecting constitutional rights against international agreements.
The suspension does not affect non-data elements of the deal, such as funding for equipment and training.
The U.S. Embassy in Nairobi declined immediate comment.
