The government now says it will submit all documents tied to the disputed Kenya United States health partnership, insisting that crucial paperwork had not been before the High Court when it suspended the deal earlier this week.
The court issued conservatory orders on Wednesday December 10, halting implementation of the multi billion shilling agreement pending a full hearing. Justice Lawrence Mugambi barred the state from activating any part of the framework until the matter is examined in detail.
Health Cabinet Secretary Aden Duale on Friday said the government would obey the orders, though he made it clear that the ruling will be challenged. He downplayed claims circulating online that the entire pact had collapsed, arguing that the court only froze provisions related to data sharing.
Duale claimed the agreement had been misrepresented in public debate and expressed confidence that the state would win once judges review the full documentation.
He said the government respects the court’s role but maintained that the contested framework is wider than the sections under suspension.
Duale also attempted to fend off criticism that the arrangement hands over Kenyan data to a foreign government. He insisted that the cooperation agreement is not a treaty and was structured to comply with Kenyan law, including the Data Protection Act of 2019 and the Digital Health Act.
According to him, the framework includes strict safeguards on sovereignty, ownership, and intellectual property.
He maintained that the deal was created through proper channels and argued that the public would better understand its purpose once the court reviews the complete material.
Whether that explanation convinces anyone is another matter. But the paperwork is finally on its way to the judges, which is the least the state could do before signing off on another billion shilling health plan that leaves half the country asking what exactly they agreed to.
