Court Clears Petition Challenging Ruto-Trump Health Data Sharing Agreement

The High Court has blocked the Consumer Federation of Kenya (COFEK) from withdrawing its petition challenging the health data-sharing agreement between Kenya and the United States. 

The deal signed in December 2025 sparked controversy as COFEK’s petition challenged its legality, citing potential violation of Kenyans’ privacy rights, data protection and the lack of adequate public consultation before implementation.

COFEK then reached a consent agreement with the government and subsequently sought to withdraw the petition.

However, the Katiba Institute, through lawyer Joshua Malidzo, opposed the move, arguing that public interest cases concerning constitutional issues cannot be resolved by private consent between the involved parties.

Justice Patricia Nyaundi delivered a ruling that upheld the Katiba Institute’s objection, emphasising that public interest litigation must remain within the court’s control. 

Nyaundi said that matters affecting the public cannot be dismissed simply through consent when unresolved constitutional issues remain foundational to the case.

The judge noted that Busia Senator Okiya Omtatah had also expressed intent to pursue the case in his own 2025 petition, indicating sufficient public interest.

The deal entails the U.S. channeling over Ksh200 billion in health funding through the government over a five-year period in place of the donor-driven structure that previously relied on non-governmental organisations and external implementing partners.

The U.S. pledge is tied to an annual increase in Kenya’s national and county health budgets. Kenya is expected to allocate Ksh10 billion in 2026/27, Ksh20 billion in 2027/28, Ksh35 billion in 2028/29 and Ksh50 billion in 2029/30. 

The agreement also expects the government to take over health commodities and human resource costs currently funded by the U.S. by 2031.

President William Ruto has defended the agreement, assuring the public that it is anchored on a strong legal foundation and that citizens’ data would not be exploited.

In February, the U.S. government said it would only proceed with the health cooperation framework after the High Court makes a full determination. The court has scheduled the hearing for May 25.