A landmark Sh348 billion ($2.5 billion) health partnership between Kenya and the United States has been abruptly halted by the High Court in Nairobi. The decision freezes a deal championed by Presidents William Ruto and Donald Trump, casting a shadow over one of the cornerstones of the new US 'America First' global health strategy.

The ruling by Justice Bahati Mwamuye responds directly to urgent petitions filed by the Consumers Federation of Kenya (COFEK) and Busia Senator Okiya Omtatah. At the heart of their case are fears that the agreement could compromise the sensitive health data of millions of Kenyans and was negotiated without adequate public or parliamentary involvement. The court has specifically suspended any clause that facilitates the transfer or sharing of medical and epidemiological data until the matter is fully heard.

A Deal Under Scrutiny

Signed in Washington D.C. on December 4, the five-year framework was set to see the U.S. invest up to $1.7 billion (approx. KES 236 billion), with Kenya co-funding the remainder with $850 million (approx. KES 118 billion). The funds were aimed at tackling major health challenges, including HIV/AIDS, malaria, and tuberculosis, by channeling resources directly through Kenyan government systems—a significant shift from the previous model managed by the now-dismantled USAID.

However, consumer advocates and civil society leaders raised immediate alarms. COFEK argued in its court filings that once Kenyan medical data is transferred abroad, the harm could be "permanent and irreversible." The lobby group warned of potential misuse of private information, stating that Kenyan regulators would have no power to oversee how such data is used overseas.

Senator Omtatah's petition echoed these concerns, further arguing that the deal's financial commitments could strain the national budget and that its structure, lacking third-party oversight, opens the door to potential mismanagement.

Government on the Defensive

President William Ruto has publicly defended the agreement. Speaking shortly before the court's ruling, he assured the nation that the deal had been meticulously reviewed by the Attorney General's office to prevent any loopholes that could compromise citizens' data. The pact, witnessed by the President himself alongside US Secretary of State Marco Rubio and Prime Cabinet Secretary Musalia Mudavadi, was presented as a transformative step for Kenya's health sovereignty.

The government now faces a tight deadline to justify its position. Key details of the agreement under the microscope include:

• Data Sharing: The core of the dispute revolves around clauses requiring Kenya to share extensive medical data.
• Financial Commitment: Kenya is obligated to progressively increase its domestic health spending by $850 million over five years.
• Lack of Oversight: Critics charge that the deal was fast-tracked without the necessary public participation and parliamentary approval mandated by the Constitution.

The court has ordered the government to file its official response by January 16, 2026. The case is scheduled for a mention before Justice Lawrence Mugambi on February 12, 2026, to map out the next steps in what is shaping up to be a high-stakes legal battle. This judicial intervention places the future of a critical health funding program in limbo, leaving millions of Kenyans waiting to see how the balance between international partnership and national sovereignty will be struck.