A caucus of Kenya's most influential health unions has thrown its weight behind a contentious KSh 207 billion ($2.5 billion) health cooperation deal with the United States, calling it a "historic turning point" for the sector. This endorsement provides critical political support for the government as it battles a court order that has frozen the landmark agreement.

The backing from the Health Union Caucus comes just days after the High Court suspended the five-year framework following a petition by Busia Senator Okiya Omtatah. The core of the dispute revolves around the deal's profound implications for Kenya's health sovereignty, data privacy, and the national budget, with the court ruling that serious constitutional and legal questions must be answered before it can proceed.

In a statement released Saturday, the coalition—representing unions such as the KMPDU, KUCO, and KNUMLO—argued the deal is a vital lifeline. They emphasized it would secure the futures of thousands of healthcare workers and strengthen the nation's health system by shifting away from unpredictable donor aid to a direct government-to-government partnership.

A Pact to Secure Jobs and Supplies

The unions celebrated the agreement's plan to transition 13,800 frontline healthcare workers, many of whom work on HIV, TB, and malaria programs, from precarious contract terms onto the government payroll by 2028. This move, they noted, would end an era of "contractual insecurity" and help retain experienced specialists within the public service. KMPDU Secretary-General Davji Atellah warned that halting the deal puts patients' lives in danger and jeopardizes the planned hiring.

The framework also promises to streamline the medical supply chain by transitioning procurement to the Kenya Medical Supplies Authority (KEMSA) by 2026, a move the unions believe will eliminate chronic stock-outs.

Legal Battle Looms Over Sovereignty and Data

Despite the unions' support, the legal obstacles are significant. Senator Omtatah's petition, supported by the Consumers Federation of Kenya (COFEK), alleges the deal was signed without the necessary public participation or parliamentary approval.

Central to the objectors' case are fears over the sharing of Kenyans' sensitive health data. Critics argue the agreement could expose citizens' private information and cede control of a strategic national asset. The unions counter this, stating the pact is anchored in Kenya's Data Protection Act (2019) and that all health data remains the property of the Kenyan government.

Under the agreement signed on December 4, 2025, the U.S. plans to provide up to $1.6 billion (approx. KES 208 billion) over five years, while Kenya commits to increasing its domestic health spending by $850 million (approx. KES 110.5 billion) over the same period.

• U.S. Funding: To support programs for HIV/AIDS, tuberculosis, malaria, and maternal/child health.
• Kenyan Funding: To gradually assume greater financial responsibility for these health programs.
• Workforce: Absorb 13,800 donor-funded health workers into the public service.
• Data Systems: Scale up Kenya's national electronic medical records systems.

The unions have urged for a resolution outside the courts, warning that delays threaten the country's progress towards Universal Health Coverage (UHC). With the case set to return to court in February, the future of a deal described as both a lifeline and a liability now rests with the judiciary.