Kenya’s High Court has temporarily suspended the implementation of a US$1.6 billion health partnership between the Kenyan government and the United States, pending resolution of a legal challenge. The court order prevents the government from executing any aspects of the agreement until the matter is fully heard.
The legal challenge was filed by civil society activist and health advocate Omtatah, who argues that the deal lacks sufficient parliamentary oversight and public consultation. Omtatah contends that the government’s decision to sign the agreement without wide stakeholder engagement could undermine Kenya’s sovereignty over its health sector and create dependency on foreign aid.
Under the deal, the U.S. would provide technical assistance, funding, and resources aimed at strengthening Kenya’s healthcare system, including pandemic preparedness, vaccine rollout, and capacity building for health workers. The partnership was expected to support hospitals, laboratories, and health service delivery across both urban and rural areas.
The Kenyan government has defended the agreement, highlighting its potential to improve healthcare access, boost public health infrastructure, and accelerate the country’s capacity to respond to health emergencies. Officials also emphasized that the deal aligns with Kenya’s national health strategy and the broader East African Community health initiatives.
The High Court’s injunction underscores ongoing debates over foreign funding in Kenya’s health sector and the balance between international partnerships and domestic oversight. Legal experts note that similar challenges have previously delayed or reshaped major development agreements in the country.
The case is expected to continue in the coming weeks, with the court examining whether the executive branch overstepped its authority in negotiating and signing the health deal. Both government representatives and Omtatah’s legal team are preparing submissions for the hearing.
