A Kenyan court has temporarily suspended the rollout of a $2.5 billion health aid agreement recently signed with the United States, after a consumer lobby raised concerns about the potential transfer of sensitive personal data to Washington.
The High Court issued interim orders barring the government from taking any steps to implement the deal “insofar as it provides for or facilitates the transfer, sharing or dissemination of medical, epidemiological or sensitive personal health data.” The suspension will remain in effect until the full case is heard.
The petition was filed by the Consumer Federation of Kenya (Cofek), which argued the agreement could expose Kenyans’ confidential health records including HIV status, tuberculosis treatment history and vaccination information to U.S. authorities. The group also warned that outsourcing pharmaceutical supply chains and digital health infrastructure could leave Kenya’s health system dependent on external control.
The deal, signed last week in Nairobi, was announced by U.S. Secretary of State Marco Rubio as a “landmark agreement” and forms part of the Trump administration’s overhaul of global health assistance. Under the new model, Washington prioritises direct partnerships with governments rather than working through aid agencies, while requiring recipient countries to increase domestic health spending.
Under the Kenya agreement, the U.S. would contribute $1.7 billion and Kenya would provide $850 million, with Nairobi expected to assume a greater share of costs over time. Similar agreements have since been signed with Rwanda, Lesotho, Liberia and Uganda.
Kenya’s Health Minister Aden Duale said the government would comply with the court order but insisted only the data-sharing provisions were affected, not the entire cooperation framework. “We note that the current conservatory orders are specific to the sharing of data and do not suspend the broader partnership,” he said.
President William Ruto on Wednesday defended the deal, saying Kenya’s attorney-general had scrutinised it “with a tooth comb” to ensure that “the law that prevails on data that belongs to the people of Kenya is the Kenyan law.”
The U.S. has not commented on the legal challenge or the privacy concerns raised.
The case is scheduled to return to court on 12 February.
