By Andrew Kariuki
The High Court has temporarily stopped the implementation of sections of the Health Cooperation Framework signed between Kenya and the United States on December 4, 2025, specifically those touching on the transfer and handling of medical or sensitive personal health data.
In orders issued on December 10, 2025, Justice Bahati Mwamuye directed that the Government of Kenya, the State Law Office, the Senate and all listed respondents are barred from operationalising or giving effect to any part of the Framework that would allow the sharing, dissemination or transfer of medical, epidemiological or personal health information.
The conservatory orders were issued in a petition filed by the Consumers Federation of Kenya (COFEK), which challenges the legality of the agreement.
The court instructed the Petitioner to serve all respondents with the Application, Petition and the Court Order, both physically and electronically, by December 17, 2025.
Respondents are required to enter appearance and file their responses by January 16, 2026, while the Petitioner may file a rejoinder, if necessary, by January 30, 2026.
The matter will be mentioned on February 12, 2026, before Justice Lawrence Mugambi to confirm compliance and issue directions for an expedited hearing.
The court also issued a penal notice warning that disobedience of the conservatory order will attract legal consequences.
