The decision comes at a time when the deal has sparked heated debate across the country, with many Kenyans demanding transparency on what was signed between the two nations.
On Wednesday, December 10, the High Court issued conservatory orders halting the health cooperation framework that Kenya and the U.S. signed on December 4, 2025.
Justice Lawrence Mugambi ruled that the agreement cannot proceed until a full hearing is conducted.
According to the judge, the temporary order is meant to protect public interest by preventing the government from acting on the agreement before all facts are presented in court.
He specifically directed the government to stop implementing any part of the framework until the case is heard and determined.
Following the ruling, Health Cabinet Secretary Aden Duale addressed the issue on Friday, December 12.
He said the government respects the court’s decision but will challenge the suspension because he believes the ruling was based on incomplete information.
Duale explained that some of the key documents behind the agreement were not available to the court at the time the decision was made.
He insisted that the court acted only on what had been presented so far, especially sections touching on data sharing.
“The current conservatory orders only affect issues related to data sharing,” Duale clarified.
“They do not suspend the entire partnership between Kenya and the United States.”
He added that the government is confident the court will change its position once it has the full details of the agreement.
The CS strongly defended the Kenya–US health deal, describing it as a cooperative policy arrangement and not an international treaty.
He stated that the agreement went through a thorough drafting process to ensure that Kenya’s sovereignty and interests were protected.
He further reassured the public that the document fully complies with Kenya’s laws, including the Data Protection Act of 2019 and the Digital Health Act.
“We emphasise that this framework was drafted with strict adherence to due process,” Duale said.
“Kenya’s data ownership, intellectual property rights, and national sovereignty remain fully safeguarded.”
According to Duale, concerns raised by the public were largely based on misinformation and lack of access to the full text of the agreement.
He promised that all documents would be released so that Kenyans can read and understand the partnership for themselves.
Duale confirmed that the ministry would immediately submit all required documents to the court.
He said this would give judges a complete picture of the agreement and help clear the confusion that has surrounded the matter.
He also assured Kenyans that the government would make the documents available to the public.
This, he believes, will allow people to make informed judgments instead of relying on speculation.
President William Ruto, Prime Cabinet Secretary Musalia Mudavadi, and U.S. Secretary of State Marc Rubio were present during the signing ceremony held in Washington, D.C., on December 4.
The deal was part of broader discussions on health cooperation between African nations and the United States.
The next step is for the court to review the full documents once they are submitted.
A hearing will then determine whether the suspension should remain in place or be lifted. Until then, no part of the agreement can be implemented.
The public now awaits the release of the documents to understand what the multi-billion-shilling partnership truly means for Kenya’s health sector.
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