Court Rejects Bid to Drop Kenya–US Health Data Sharing Petition

The High Court of Kenya has refused to strike out an application to withdraw a prominent petition against the health data-sharing deal between the Kenya and the U.S., asserting the judiciary’s control over public interest cases.

Justice Thande Mugure Nyaundi declined an application by the Consumer Federation of Kenya (COFEK) to have Constitutional Petition No. E809 of 2025 withdrawn.

The suit seeks to ascertain whether a bilateral Health Data Sharing Agreement between the two governments is constitutional.

COFEK had presented a notice to the court stating it had entered into a consent with the government, seeking to withdraw the case.

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Public Interest Litigation and Constitutional Integrity

However, the Katiba Institute opposed the withdrawal, arguing that constitutional violations cannot be the subject of private negotiation where a larger public interest is concerned.

“There can be no consent to constitutional violations and public interest petitions can never be the exclusive property of a petitioner,” said Joshua Malidzo, a lawyer representing the case.

Justice Nyaundi concurred, declaring that the court’s authority over public interest litigation cannot be diminished.

“A notice of withdrawal may be declined where the Court is persuaded that the matter raises significant constitutional questions,” she explained.

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Landmark Ruling on Public Interest Litigation in Kenya

The judge said such petitions serve the public and should not be discontinued without due consideration of the existing issues.

The court also observed that Okiya Omtatah was willing to prosecute his similar case with the withdrawn one to completion.

“The issues raised by the parties are beyond them, and are matters the court should determine,” Nyaundi said.

The ruling has been hailed as a landmark and a demonstration of the continued development of Public Interest Litigation jurisprudence in Kenya.

Legal observers argue that it re-establishes that accountability in cases of constitutional breach cannot be settled out-of-court.

The hearing for the combined petitions is slated for May 25, 2026, before Justice Nyaundi, where detailed arguments on the constitutionality of the health data sharing agreement are expected.

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