Senator Omtatah Seeks Removal of Three Appeal Court Judges Over Kenya-US Health Deal Ruling
News Updated: 29 May 2026 23:32 EAT
Busia Senator Okiya Omtatah
Busia Senator Okiya Omtatah has filed a petition before the Judicial Service Commission seeking the removal of three Court of Appeal judges over their decision to lift conservatory orders blocking implementation of the Kenya-United States Health Cooperation Framework. The petition targets Justices Luka Kimaru, Sila Munyao and J. O. Okello, whom Omtatah accuses of violating constitutional principles by suspending the High Court orders without immediately providing written reasons for the ruling.
The senator argues that the judges’ decision has exposed the country to possible implementation of a controversial data-sharing framework tied to the Kenya-US health agreement before the legality of the deal is fully determined by the courts. Omtatah claims the appellate judges deferred delivery of their detailed reasons until October 30, 2026, despite already allowing the agreement to proceed, effectively denying him the opportunity to file a meaningful appeal before the Supreme Court.
The dispute stems from the Kenya-US Health Cooperation Framework signed in Washington DC in December 2025 by Prime Cabinet Secretary Musalia Mudavadi and US Secretary of State Marco Rubio during President William Ruto’s visit to the United States. The agreement reportedly covers multi-billion-shilling health cooperation programmes involving disease surveillance, healthcare financing, pharmaceutical supply chains and data-sharing systems between the two countries.
Omtatah had previously challenged the framework in the High Court, arguing that it lacked parliamentary approval and sufficient public participation. He also raised concerns that the agreement could permit foreign access to sensitive Kenyan health and epidemiological data while giving external actors significant influence over parts of Kenya’s healthcare infrastructure and decision-making systems.
In December 2025, the High Court issued conservatory orders suspending implementation of the agreement pending the hearing and determination of constitutional petitions challenging the deal. However, the government later moved to the Court of Appeal seeking to overturn the suspension, arguing that delays threatened key healthcare programmes and donor-backed interventions linked to the framework.
The Court of Appeal subsequently granted an interim stay lifting the conservatory orders and allowing implementation of the agreement to continue. Omtatah now maintains that the judges’ failure to provide immediate reasons for the ruling undermines judicial accountability and frustrates constitutional safeguards surrounding appeals and fair hearing processes.
The petition before the JSC accuses the judges of misconduct, abuse of office and failure to uphold constitutional standards expected of judicial officers. Omtatah argues that critical decisions connected to the health framework, including potential data-sharing arrangements and financial commitments, could already be implemented long before the judges issue their full ruling later in the year.
The Judicial Service Commission is expected to review the petition and determine whether the allegations raised against the three judges warrant further disciplinary proceedings. The judges had not publicly responded to the accusations by Friday evening as legal and political debate surrounding the Kenya-US health cooperation agreement continued to intensify.
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FELIX MAKONA
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