The High Court has blocked the Consumer Federation of Kenya (COFEK) from withdrawing its petition challenging the controversial Kenya–United States health data-sharing deal, in a ruling that underscores the judiciary’s role in safeguarding public interest litigation.
In the decision delivered in Nairobi, Justice Patricia Nyaundi ruled that constitutional petitions touching on public interest cannot be withdrawn purely on the basis of consent between parties. The judge maintained that once such matters are filed, they transcend the wishes of the petitioner and become a concern for the wider public.
COFEK had sought to terminate the case after reportedly reaching a consent agreement with the government. However, the move was strongly opposed by Katiba Institute, which argued that the case raises fundamental constitutional issues that must be conclusively determined by the court.
The court agreed with the objection, stating that the petition raises weighty questions regarding privacy rights, data protection, and public participation. Justice Nyaundi emphasised that allowing withdrawal would deny Kenyans an opportunity to have those concerns addressed through a substantive judicial process.
At the centre of the dispute is the Kenya–US health cooperation framework, a multi-billion-shilling arrangement aimed at strengthening the country’s healthcare systems through data-driven collaboration. Critics, however, argue that the agreement risks exposing sensitive patient data and was adopted without sufficient public involvement.
Earlier, the High Court had issued conservatory orders halting the implementation of the deal pending the hearing and determination of the case. The suspension followed concerns raised by stakeholders that the framework could violate provisions of the Constitution, particularly on the right to privacy.
The case has also attracted other petitioners, including Busia Senator Okiya Omtatah, who has filed a parallel petition challenging the legality of the agreement. The court is expected to consider consolidating the petitions to streamline the hearing process and avoid conflicting rulings.
Following the latest decision, the matter will now proceed to full hearing, with the High Court setting May 25, 2026, as the date for directions and further proceedings. The outcome of the case is expected to have far-reaching implications on how Kenya handles international data-sharing agreements, particularly in sensitive sectors such as health.
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FELIX MAKONA
FACT FINDER AND DATA DRIVEN JOURNALIST. DATA MINING AT IT'S BEST. GET FACTS RANGING FROM MATTERS DISABILITY AND INCLUSION, POLITICS, ECONOMY, SPORTS AND GENERAL NEWS AROUND THE WORLD