Kenya-US Health Deal Moves Forward Amid Court Battle
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Kenya-US Health Deal Advances Despite Ongoing Court Fight

September 2026

The Kenya-US health deal, a five-year, $2.5 billion Health Cooperation Framework, is now moving into full implementation even though a court challenge questioning its legality has yet to be finally resolved. Treasury Principal Secretary Chris Kiptoo confirmed in June that both governments had finalised arrangements to roll out the five-year partnership nationwide, months after the pact was frozen by the courts. In July, the two sides went a step further, signing a follow-up agreement in Nairobi meant to turn the framework into an actionable programme aligned with Kenya’s health sector priorities.

What The Deal Covers

President William Ruto’s government signed the original framework in Washington on December 4, 2025, with Health Cabinet Secretary Aden Duale and Treasury Cabinet Secretary John Mbadi representing Kenya. Under the arrangement, the United States plans to provide up to $1.6 billion over five years for HIV/AIDS, tuberculosis, malaria, maternal and child health, polio eradication and disease surveillance. In exchange, Kenya committed to raising its own domestic health budget, with the government pledging to increase domestic health spending by Ksh 109 billion over the same period. The follow-up July agreement, known as the Strategic Objective Grant Agreement, is meant to guide reforms at the Kenya Medical Supplies Authority and expand the Digital Health Superhighway alongside intensified efforts against HIV, TB and malaria.

Omtatah’s Court Challenge

Busia Senator Okiya Omtatah has led the legal fight against the pact since it was signed. He argues in his High Court petition that the framework creates mandatory co-investment obligations estimated at over Sh100 billion over five years, yet it was never subjected to legislative approval. Omtatah has also given a specific breakdown of the yearly cost to taxpayers, saying Kenya is required to contribute Sh10 billion in the 2026/27 financial year, rising to Sh50 billion by 2029/30.

The Consumer Federation of Kenya and the Katiba Institute joined the case, raising separate worries that the deal could expose sensitive medical records, including HIV and TB data, to foreign access. The government has pushed back firmly. Its lawyers told the court the framework is simply a policy document providing a roadmap for the period 2026-2030, to restore funding stability and manage a phased handover of health responsibilities. The Attorney General has separately insisted that only aggregated, non-identifiable data would ever be shared under the agreement.

Where The Case Stands

The High Court initially sided with Omtatah, issuing conservatory orders in December 2025 that froze the deal entirely. Washington then paused its own rollout in February, saying it preferred to wait for the Kenyan courts to settle the matter. That changed on May 12, when a three-judge Court of Appeal bench lifted the freeze, ruling that the deal was a policy roadmap and allowed implementation to proceed pending a full hearing. Crucially, the same judges said they would only issue their full written reasons on October 30, 2026.

That gap has become its own controversy. Omtatah has since petitioned the Judicial Service Commission, arguing the delay in publishing reasons has blocked any meaningful appeal before the Supreme Court, which he says undermines his constitutional right of appeal. He contends that by the time the court explains itself, money will already have changed hands and data-sharing arrangements will be locked in.

For ordinary Kenyans following the sector, the practical question is simple: will a court eventually unwind a programme that is already delivering HIV, TB and malaria commodities on the ground, or will the October ruling put the fight to rest for good? Either answer will shape how much say Parliament and the public get the next time the executive signs a big-ticket deal with a foreign government.

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