The decision follows a petition by the Consumer Confederation of Kenya, which argues that the pact risks exposing citizens’ health data without adequate safeguards. The agreement, the first under the United States’ (US) new aid model, would provide Kenya with major health sector funding while requiring increased domestic investment.
Speaking on the implications of the ruling, Kenyan Constitutional Lawyer Kennedy Mong’are said the court’s intervention reflects the country’s governance framework, which places strong checks and balances on Executive power. He added, on Friday, that the suspension is “a temporary setback, but in the right direction,” emphasising that all government actions must align with the 2010 Constitution.
Mong’are noted that petitioners are challenging the pact on grounds of insufficient public participation and lack of parliamentary scrutiny. He said the Constitution requires citizens to be involved in key national decisions, adding that Parliament, as the delegated representative of the people, had not debated the agreement.
He also highlighted concerns around the transfer and protection of Kenyans’ health information. Although Kenya has a Data Protection Act, Mong’are said questions remain about how data shared with the US would be managed.
“There are apprehensions that the agreement may contain other details that need to be known before implementation, especially the handling of health information,” he said.
The lawyer added that the challenge forms part of a broader regional debate on data sovereignty, noting that similar agreements exist in Uganda and Rwanda. Kenya’s constitutional approach, he argued, encourages accountability by allowing citizens to question decisions affecting national interests.
On potential outcomes, Mong’are said the court will examine all claims raised before giving direction on whether the pact can proceed. He added that although NGOs have historically received significant donor funding for health programmes, concerns about impact and accountability have shaped calls for funds to flow through government systems instead.
–ChannelAfrica–
