Nairobi — The High Court has issued conservatory orders temporarily stopping the implementation of a recently signed health cooperation framework between Kenya and the United States, marking the first major legal challenge to the pact unveiled on December 4.
The orders has been issued by Justice Bahati Mwamuye in a petition filed by the Consumers Federation of Kenya (COFEK), which is seeking to block any transfer or sharing of Kenyans' medical and epidemiological data under the agreement.
In the interim ruling, the court suspended any steps by the State Law Office, the Senate and other respondents to operationalise the deal "insofar as it provides for or facilitates the transfer, sharing or dissemination of medical, epidemiological or sensitive personal health data."
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"aconservatory order be and is hereby issued suspending, staying and/or restraining the Respondents from implementing, operationalizing, or howsoever giving effect to the Health Cooperation Framework."
COFEK has until December 17 to serve all respondents with the petition, application and the court order in both hard and soft copies, after which they will be required to file their responses by January 16, 2026.
The petitioner has also been granted leave to file a rejoinder by January 30.
The matter will be mentioned on February 12, 2026 before Justice Lawrence Mugambi to confirm compliance and set directions for an expedited hearing.
The case, filed under reference HCCHRPET/E809/2025 at the Milimani Law Courts, represents growing scrutiny over international data-sharing initiatives, particularly those involving sensitive health information.
The court's intervention now pauses implementation of the bilateral framework until parties argue the matter fully, setting the stage for a high-stakes legal battle early next year.
