The Kenyan government has pledged to make public all documents tied to its contentious health partnership with the United States, days after a court froze the agreement. Officials insist the move will clear the air around a deal that has stirred uncertainty and political unease.
The High Court suspended the pact on Wednesday, saying no part of the framework signed on 4 December could be implemented until the case is heard in full. Justice Lawrence Mugambi issued conservatory orders restraining the state from taking any steps that might give effect to the arrangement.
“Pending the hearing and determination of the petition, a conservatory order is hereby issued restraining the respondents from implementing the health framework,” Justice Mugambi ruled.
Health Cabinet Secretary Aden Duale responded on Friday, saying the government would obey the orders but would also challenge them. He argued that the ruling had been misinterpreted in public debate, noting that the court’s concern centred on data-sharing provisions rather than the entire agreement.
“We fully recognise and respect the crucial role of the courts in interpreting the law,” Mr Duale said. “We note that the current conservatory orders are specific to the sharing of data and do not suspend the broader partnership.”
He added that the government was “confident that once the court is presented with the full documentation and facts … it will appreciate the intent and spirit of this partnership.”
Mr Duale stressed that the arrangement, signed in the United States, amounted to a cooperative policy framework rather than an international treaty. He said it had been drafted with Kenya’s legal safeguards in mind, citing compliance with the Data Protection Act of 2019 and the Digital Health Act.
“We emphasise that this framework was drafted with strict adherence to due process, ensuring that Kenya’s sovereignty, data ownership, and intellectual property are fully protected,” he said.
The case is expected to draw close scrutiny as the court prepares to examine the government’s submissions. Civil society groups and health-sector representatives have called for clarity, arguing that public trust hinges on transparency and full disclosure. The government, meanwhile, maintains that releasing the documents will show that the partnership is not the threat some fear, but a policy collaboration designed to improve Kenya’s health system.