Kenya’s High Court has issued a conservatory order temporarily stopping the implementation of the Health Cooperation Framework signed between President William Ruto’s administration and the United States government during former US President Donald Trump’s December visit.

The order was issued on December 10th, 2025,  in Nairobi by Justice Bahati Mwamuye following an urgent application filed by the Consumers Federation of Kenya (COFEK).

According to the court document, the judge directed that “a conservatory 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, insofar as it provides for or facilitates the transfer, sharing or dissemination of medical, epidemiological or sensitive personal health data.”

The Health Cooperation Framework, signed on December 4, 2025, has attracted intense public scrutiny over concerns about data protection and Kenya’s sovereignty.

COFEK moved to court December 8th, 2025, arguing that the agreement exposes citizens to risks related to unauthorized access and use of personal health information.

Also Read:Govt Clarifies Giving America Kenyans’ Health Data in New Deal

Court Sets Strict Timelines for Case Progress

In the interim orders, the High Court directed COFEK to serve all respondents, including the State Law Office, the Senate, and three other parties, with the petition and application by December 17.

The respondents are expected to file their responses by January 16, 2026.

The court also granted COFEK leave to file a rejoinder by January 30.

Justice Mwamuye directed that the matter be mentioned on February 12, 2026, before Justice Lawrence Mugambi for confirmation of compliance and subsequent directions for an expedited hearing.

The court stressed early resolution due to the public interest nature of the dispute.

COFEK, in its detailed public statement, insisted that the agreement must not be implemented without consumer inclusion, noting that, “Kenyan consumers through COFEK must have a formal seat at the partnership’s governance and oversight structures.”

The lobby group added that, “This aligns with Articles 10, 46 and 118 of the Constitution.”

COFEK Flags Privacy, Sovereignty and Economic Concerns

The consumer body warned that transparency on the involvement of private actors, such as pharmaceutical firms, laboratories, technology providers and cloud-storage companies, was non-negotiable.

COFEK argued that “transparency on what types of data will be collected, how long it will be held, and for what purposes, is not optional, it is a legal and constitutional duty.”

It also cautioned that the time Kenyans spend supplying health data carries economic implications, saying compensation policies are necessary to avoid what it termed as “undue loss of productive time.”

COFEK further raised alarm over complexities in the pact, asserting that “Paragraph 8 of the Memorandum lacks clarity and should be expressly defined or expunged to prevent overbroad interpretations that could undermine sovereignty, privacy, or consumer protections.”

Also Read: What Kenyans Stand to Gain From the Kenya–U.S. Health Cooperation Deal

Risks to Health System Control and International Partnerships

The organisation also warned that Kenya could lose strategic control of essential health systems if foreign entities manage pharmaceuticals and digital infrastructure.

COFEK stated that “Kenya must retain sovereign authority over all raw data and ensure domestic redundancy.”

It added that unregulated data sharing could deter other global partners, reduce health funding, impact medical research, and damage Kenya’s attractiveness as a medical tourism hub.

Concluding its statement, COFEK maintained that Kenya must strike a balance between international cooperation and protection of national interests, saying “Kenya should cooperate boldly but safeguard fiercely: partnership must not translate into surrender of sovereignty, consumer rights, or control of national health data.”

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President William Ruto in Washington, D.C., in the United States, Witnessing the Signing of the Kenya–US Health Cooperation Framework, Signed by Secretary of State Marco Rubio and Prime Cabinet Secretary Musalia Mudavadi. PHOTO/ Ruto X