Busia Senator Okiya Omtatah has filed an urgent petition at the High Court seeking to suspend the implementation of the newly signed Kenya–United States Health Cooperation Framework. The Senator argues the deal, inked in Washington D.C. last week, surrenders Kenya's medical sovereignty and violates the Constitution.

The petition, filed under a certificate of urgency, targets the Sh208 billion ($1.6 billion) agreement signed on December 4, 2025, by Prime Cabinet Secretary Musalia Mudavadi and U.S. Secretary of State Marco Rubio. Omtatah contends that the Executive unilaterally committed the country to far-reaching obligations without the mandatory approval of Parliament or public participation.

A 'Secret' Treaty?

At the heart of Omtatah’s case is the claim that the Executive disguised a binding international treaty as a simple "cooperation framework" to bypass legislative scrutiny. The deal commits the United States to invest approximately $1.6 billion (approx. KES 208 billion) into Kenya’s health sector over five years, ostensibly to support Universal Health Coverage (UHC).

However, Omtatah warns that this financial injection comes with strings attached that could choke Kenya's fiscal independence. "The rushed signing, bypassing Parliament, usurps legislative authority and undermines the sovereignty of the people," Omtatah states in his affidavit.

He argues that the deal triggers the Treaty Making and Ratification Act, which demands that any agreement affecting national policy or sovereignty must be ratified by the National Assembly. By skipping this step, the Executive has allegedly acted ultra vires—beyond its legal power.

The Hidden Cost to Taxpayers

While the headline figure suggests a windfall of American aid, the fine print reveals a heavy burden for the Kenyan taxpayer. The framework reportedly requires Kenya to provide "counterpart funding" estimated at $850 million (approx. KES 110 billion).

Omtatah questions where these funds will come from, noting that the commitment was made outside the Public Finance Management (PFM) Act. He warns this "extra-budgetary" spending could force the Treasury to divert critical resources from other sectors or pile more debt onto an already strained economy.

• Total Deal Value: ~$2.5 billion (KES 325 billion)
• U.S. Contribution: $1.6 billion (KES 208 billion)
• Kenya's Obligation: ~$850 million (KES 110 billion)

Data Privacy and Sovereignty Fears

Beyond the money, the petition raises alarms about medical data security. The Consumer Federation of Kenya (Cofek), a co-petitioner, alleges the framework grants U.S. entities access to sensitive epidemiological data—including HIV/AIDS, malaria, and maternal health statistics—without the safeguards required by Kenya's Data Protection Act.

Furthermore, the deal reportedly contains clauses requiring Kenya to accept U.S. Food and Drug Administration (FDA) approvals as sufficient for medical products used locally. Omtatah argues this undermines the mandate of Kenya's own Pharmacy and Poisons Board, effectively outsourcing regulatory power to a foreign agency.

Government on the Defensive

The State has defended the pact as a game-changer for Kenya's healthcare system. President William Ruto, who witnessed the signing, has previously termed the partnership a milestone that would "transform" disease surveillance and healthcare delivery. Health Cabinet Secretary Aden Duale is listed as a respondent alongside Mudavadi, Treasury CS John Mbadi, and Attorney-General Dorcas Oduor.

This lawsuit follows a pattern of high-stakes litigation by Omtatah, who recently challenged the Social Health Insurance Fund (SHIF) rollout. His latest move places the Judiciary once again at the center of a battle between Executive expediency and Constitutional due process.

"Unless conservatory orders are issued, there is a real risk of the violation of express provisions of the Constitution as the respondents implement the Framework," Omtatah warned.