By Michelle Ndaga
Busia Senator Okiya Omtatah has moved to the High Court seeking to suspend the implementation of the recently signed Kenya–US Health Cooperation Framework, valued at Sh208 billion over five years.
The agreement, signed in Washington on 4 December 2025, aims to channel U.S. support into Kenya’s health sector, including funding for the Social Health Authority (SHA), Digital Health Agency (DHA), and the Kenya Medical Supplies Authority (KEMSA).
In his petition, Omtatah argues that the deal bypassed proper parliamentary oversight and public consultation, rendering its execution unconstitutional. He contends that such large-scale agreements require scrutiny to ensure transparency and accountability, particularly where public funds and national health infrastructure are involved.
Omtatah has requested a court order to temporarily halt the operationalisation of the agreement until judicial review is conducted. He warns that proceeding without oversight could pose risks to Kenya’s fiscal stability, compromise data protection standards, and limit citizens’ ability to influence health policy decisions.
Government officials, including Health Cabinet Secretary Aden Duale, have defended the pact, stating that it protects Kenya’s sovereignty and complies with existing legal frameworks on data privacy and health governance. They assert that all information shared under the programme will be anonymised and regulated under Kenyan law.
No hearing date has yet been set for the court case, leaving the agreement’s immediate implementation uncertain. Legal experts note that the case could set a precedent for parliamentary and public oversight in international health funding agreements.
With Input from Citizen Digital
