Court of Appeal Reverses Suspension of Ruto Government’s US Health Agreement

The Court of Appeal has lifted orders blocking the implementation of Kenya’s KSh 328 billion Health Cooperation Framework with the United States, allowing both governments to proceed with the agreement pending the hearing of an appeal.

In a ruling dated Friday, October 9, a three-judge bench in Nairobi set aside the High Court orders that had suspended the deal signed on December 4, 2025.

The judges said the public interest favoured allowing the programme to continue while the appeal was being heard, citing concerns about the potential impact of the suspension on access to essential medical services. “We are of the considered view that public interest favours the implementation of the programme pending hearing of the appeal,” the judges stated.

The bench comprised Justices Munyao Sila, Johnson Okoth Okello and Jacqueline Kamau, who noted that halting the framework could affect Kenyans relying on medicines and healthcare support expected to be provided under the agreement.

According to the court, more than 1.4 million Kenyans could be affected by the suspension, particularly those who depend on critical medicines and related healthcare services.

The judges warned that continued restrictions on the programme could disrupt the provision of treatment to patients who rely on these services. Their decision therefore allows implementation to proceed as the wider legal dispute moves through the courts.

The framework is a health cooperation arrangement between Kenya and the United States, with the government expected to use it to support the delivery of medical services and access to essential medicines. The High Court had previously issued orders preventing the government from implementing the agreement, creating a legal hurdle for the two countries.

The latest ruling removes that temporary block, although it does not amount to a final determination of the underlying appeal. The decision means the government can move forward with the programme while the court considers the issues raised in the case.

The final outcome of the appeal will determine the longer-term legal position of the agreement. The ruling places public access to healthcare at the centre of the dispute, with the court weighing the potential consequences of suspending the programme against the need to resolve the legal challenge.

LINK: https://www.facebook.com/share/19Txj1318p/

Shirleen feedback-opera-news-app@opera.com