On 19 December 2025, the High Court of Kenya issued conservatory orders restraining the Government of Kenya from implementing, operationalising, or executing the Kenya–United States Cooperation Framework on Health signed on 4 December 2025. The orders suspend implementation of the Framework in its entirety pending the hearing and determination of Constitutional Petition No. E816 of 2025.
In granting the orders, the Court was clear that it was not making a final determination on the legality or constitutionality of the Framework. Rather, the Court found that the petition raises serious and arguable constitutional questions and that, in the public interest, conservatory orders were necessary to preserve the status quo. The Court emphasised the importance of the rule of law, transparency, accountability and directed that the petition be heard on a priority basis.
The ruling comes shortly after a broad coalition of civil society organisations — including KELIN — issued a joint civil society advisory on the implementation of the Kenya–US Health Cooperation Framework and the related Data Sharing Agreement. The advisory recognises the potential value of international health cooperation, particularly in the context of declining global health financing, while underscoring that such cooperation must be implemented in a manner that is lawful, transparent, inclusive and firmly grounded in the Constitution.
The civil society advisory highlights key governance considerations, including public participation, parliamentary oversight, public finance accountability, devolution and the protection of health data and privacy. It calls for proactive disclosure of implementation instruments, meaningful stakeholder engagement, robust data governance safeguards and clear oversight mechanisms to ensure that health cooperation strengthens public trust and protects the rights of all, particularly vulnerable and marginalised communities.
Taken together, the Court’s orders and the civil society advisory reflect a shared concern: that major health cooperation arrangements with far-reaching implications for Kenya’s health system should not proceed without adequate constitutional safeguards and public accountability. The conservatory orders ensure that these issues can be fully examined by the Court before any further steps are taken.
KELIN remains committed to constructive engagement with all stakeholders to advance health cooperation that upholds constitutional values, protects rights and strengthens Kenya’s health system in a sustainable and accountable manner.
