Busia Senator Okiya Omtatah has responded publicly after the High Court suspended key sections of the Kenya–U.S. Health Cooperation Framework, particularly those involving the transfer of sensitive health data.
Speaking on Thursday, December 11, 2025, the senator addressed the media shortly after Justice Bahati Mwamuye issued conservatory orders stopping implementation of the agreement until the full petition is heard.
“At the heart of this petition is the question: to whom does health data belong? And the answer, emphatically, is that it belongs to each individual,” Omtatah said.
The Kenya–U.S. health agreement was signed on December 4, 2025, in Washington, D.C., by Prime Cabinet Secretary Musalia Mudavadi and U.S. Secretary of State Marco Rubio, with President William Ruto present.
Omtatah, together with the Consumers Federation of Kenya (COFEK), filed the petition arguing that the framework violates constitutional protections on data privacy and national sovereignty.
He expressed concern over Kenya potentially exposing its citizens to unethical medical practices, citing the Tuskegee syphilis experiments as a historical warning.
“What guarantee do we have that we are not opening up a laboratory of guinea pigs for experiments?” he posed.
The senator also faulted the structure of the agreement, noting it commits the Kenyan government to significant funding—ranging from Ksh10 billion to Ksh50 billion over five years—along with large-scale recruitment and the sharing of health data without individual consent, despite not being formally classified as a treaty.
Justice Mwamuye suspended all sections allowing the transfer of medical, epidemiological, or other sensitive personal health information.
The case is set for mention on February 12, 2025, before Justice Lawrence Mugambi, who will issue directions for an expedited hearing.
Omtatah stressed that the state cannot commercialise or share health data without express permission from each citizen and suggested that, due to the matter’s importance, the dispute may eventually reach the Supreme Court.
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