A Kenyan high court has issued an interim injunction suspending the implementation of a major $2.5 billion health assistance agreement between Kenya and the United States, citing serious data privacy concerns. The ruling comes in response to a legal challenge filed by consumer rights advocates who argue the pact could enable unauthorized transfer of sensitive medical information.
The court’s decision specifically prohibits Kenyan authorities from taking any action to implement the agreement insofar as it facilitates “the transfer, sharing or dissemination of medical, epidemiological or sensitive personal health data.” This suspension will remain in effect until the case receives full judicial review, scheduled for February 12.
The health agreement, hailed as “landmark” by US Secretary of State Marco Rubio during last week’s signing ceremony, represents a significant shift in American foreign aid strategy. The Trump administration has been pursuing direct government-to-government health partnerships across Africa, moving away from traditional aid agency channels. Under this new approach, recipient countries must increase their own health spending commitments. In the Kenya arrangement, the US pledged $1.7 billion while Kenya committed $850 million with plans to gradually assume greater financial responsibility.
Despite government assurances, many Kenyans have expressed apprehension that the deal could grant US authorities access to highly personal medical records, including HIV status, tuberculosis treatment history, and vaccination data. The Consumer Federation of Kenya (Cofek), one of the petitioners, warned that external control over pharmaceuticals for emerging diseases and digital health infrastructure—including cloud storage of raw data—could compromise Kenya’s strategic control of its health systems.
President William Ruto attempted to reassure citizens, stating that the attorney-general had meticulously reviewed the agreement to ensure Kenyan data protection laws would prevail. The US government has not publicly addressed the data privacy concerns raised by the court case. Similar health agreements have been signed with Rwanda, Lesotho, Liberia, and Uganda as part of the US global health strategy overhaul.