The Consumer Federation of Kenya has moved to court to challenge the Kenya–US Health Agreement, arguing that the deal contains serious gaps in governance and oversight that could put consumers at risk.
The agreement, valued at Ksh 200 billion, was signed between Kenya and the United States on December 4, 2025. It is designed as a five-year framework meant to strengthen health programmes using advanced technologies, improve service delivery, and support long-term sustainability.
The government has promoted it as a major step forward that moves the country away from traditional donor support.
However, COFEK believes that the public has been left out of key decisions, especially where health data and national interests are concerned.
As the State highlights the potential of technology-driven healthcare, COFEK warns that consumers, who are the main users of health services and the primary source of health data, were not represented in the negotiations.
The federation says this exclusion violates the Constitution and basic standards of democratic governance.
Their main concern is that the agreement was signed without enough transparency and without proper public participation, which are principles expected in government processes.
At the centre of the legal challenge is a section of the Memorandum that COFEK says is unclear and could be interpreted in ways that compromise Kenya’s sovereignty and privacy rights.
The organisation wants the disputed clause reviewed, clearly defined, or removed to prevent any risk of misuse. It argues that without precise wording, Kenya may unintentionally allow external influence over sensitive areas of its health system.
Government officials have tried to reassure the public by explaining that the United States will only access aggregated data and will not receive any personal health information.
They say that existing laws already provide protection against misuse of data collected under the agreement. COFEK, however, maintains that such assurances are not enough. It argues that verbal statements during press briefings cannot replace strong, legally binding oversight mechanisms.
According to the federation, without consumer participation, there is no independent way to confirm who accesses the data, how it is stored, or whether other third parties might be involved.
COFEK also raises concerns about control of pharmaceuticals, laboratories, digital health platforms, surveillance tools, and cloud-storage systems.
It wants the government to disclose all private actors expected to participate in the agreement, and it warns that giving external players control over these sectors could limit Kenya’s ability to make independent decisions in the future.
The federation says that once a country becomes dependent on external systems and technologies, it becomes difficult and expensive to reverse that dependence.
This, they argue, could weaken local capacity and bargaining power over time.In its petition, COFEK relies on constitutional provisions that protect consumer rights, transparency, and privacy.
These include Article 46, which deals with consumer protection, Article 10 on national values like public participation and accountability, and Article 31, which guarantees the right to privacy.
The federation also cites the Data Protection Act, which sets standards for handling sensitive information. COFEK says that any agreement involving health data must be open to public scrutiny and operate under strong independent oversight.
Through the court process, COFEK is seeking orders to ensure that all decisions about Kenyan health data under the agreement are public, auditable, and supervised with consumer representation.
It stresses that it is not against cooperation between Kenya and the United States. Its concern is that such cooperation must respect the Constitution, protect national interests, and safeguard citizens’ rights.
