The governments of Kenya and the U.S. are free to implement the Ksh328 billion Health Cooperation Framework after the Court of Appeal lifted a ruling suspending the highly-scrutinised deal.
In a ruling dated Friday, October 9, a three-judge bench at the Court of Appeal in Nairobi set aside orders issued by the High Court that had blocked the government from implementing the framework signed on December 4, 2025.
According to the three-judge bench, suspending the framework could have serious consequences for Kenyans who depend on essential medical services.
“We are of the considered view that public interest favours the implementation of the programme pending hearing of the appeal," Justices Munyao Sila, Johnson Okoth Okello and Lady Justice Jacqueline Kamau said in part.
The Supreme Court Building, Nairobi, which houses the Supreme Court, Court of Appeal, and JSC administrative offices.
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Mwanzo
According to the ruling, the suspension would negatively impact the provision of critical treatment to over 1.4 million Kenyans who depend on the drugs and the health care support system that would otherwise have been provided for by the cooperation.
"It would negatively impact the provision of critical treatment to 1.4 million Kenyans who depend on the drugs and Health care support system that will be provided by the Framework," the court said.
The court also observed that continued suspension could result in resources being redirected elsewhere, potentially leaving the government without a framework to implement even if it eventually won its appeal.
"The lives of citizens who depend on treatment for HIV, TB, and malaria, provided under the Framework risk being negatively and irredeemably impacted," the judges stated.
Following the determination on these grounds, the judges lifted the ban pending the determination and ruling of the matter, which the court reserved for October 30.
"Essentially, we order that pending the hearing and determination of the intended appeal, the ruling and orders of the High Court of December 19 2025, which granted conservatory orders in terms of Order No. 1 at paragraph 58 of the ruling, are hereby set aside," the three-judge bench ruled.
Kenya and the U.S. signed the multibillion health cooperation deal in December 2025 in an effort to strengthen Kenya's healthcare capacity.
However, human rights activists, including the Consumer Federation of Kenya (COFEK) and Busia Senator Okiya Omtatah, alleged that it would grant the U.S. government real-time access to all Kenyan health records.
They further argued that the deal was signed without public participation and breached the Kenyan Constitution, threatened national sovereignty, and put citizens' private medical information at risk.
They moved to court, where the High Court suspended the deal, pending hearing and determination of the case.
However, the government moved to the appellate court, challenging the High Court ruling.
President William Ruto and U.S. President Donald Trump at the G7 summit in Évian, France, June 17, 2026.
PCS