- The Court of Appeal lifted High Court orders that had blocked the Kenya-US KSh 328 billion Health Cooperation Framework
- Three judges ruled that suspending the deal risked cutting off treatment for 1.4 million Kenyans living with HIV, TB, and malaria
- The substantive appeal challenging the legality of the framework is scheduled to be heard on October 30, 2026
Search option is now available at TUKO! Feel free to search the content on topics/people you enjoy reading about in the top right corner ;)
Kenya's Court of Appeal has lifted conservatory orders that had blocked the implementation of a KSh 328 billion health cooperation agreement between Kenya and the United States, allowing both governments to move forward with the deal while a legal challenge continues.
Source: UGC
A three-judge bench comprising Justices Munyao Sila, Johnson Okoth Okello, and Jacqueline Kamau delivered the ruling on Friday, October 9, 2026.
The decision was made public on Tuesday, October 13, and sets aside orders the High Court had issued on December 19, 2025, which had suspended the agreement pending the outcome of a petition.
Why the Court Intervened
The bench found that the balance of public interest favoured allowing the programme to continue rather than maintaining the suspension while the appeal is determined.
Search option is now available at TUKO! Feel free to search the content on topics/people you enjoy reading about in the top right corner ;)
"We are of the considered view that public interest favours the implementation of the programme pending hearing of the appeal," the judges said.
The court warned that keeping the suspension in place could interrupt access to critical medicines and health services for a large portion of the population.
"It would negatively impact the provision of critical treatment to 1.4 million Kenyans who depend on the (medicine) and health care support system that will be provided for by the Framework," the bench stated.
The judges further cautioned that a prolonged freeze risked resources being redirected away from the programme entirely.
"The lives of citizens who depend on treatment for HIV, TB, and malaria, provided under the framework, risk being negatively and irredeemably impacted," they noted.
The appeal hearing has been scheduled for October 30, 2026.
What the Framework Covers
Kenya and the United States signed the Health Cooperation Framework on December 4, 2025, in Washington, D.C. Foreign Affairs Cabinet Secretary Musalia Mudavadi and US Secretary of State Marco Rubio were the signatories, with President William Ruto present at the signing.
The agreement, valued at KSh 328 billion, is designed to strengthen Kenya's healthcare capacity, with a focus on the provision of essential medicines and support for the treatment of HIV, TB, and malaria.
The framework was challenged in court by human rights activists, among them the Consumer Federation of Kenya (COFEK) and Busia Senator Okiya Omtatah.
The petitioners argued that the agreement had been concluded without adequate public participation, contravened the Kenyan Constitution, and would give the United States real-time access to Kenyan citizens' health records, raising concerns about data privacy and national sovereignty.
After the High Court suspended the deal, the government moved to the Court of Appeal to contest that ruling.
The appellate court's decision does not resolve the underlying dispute over the framework's legality.
That question will be addressed at the October 30 hearing, where the court will consider whether the petitioners' concerns about sovereignty and data protection have merit.
Did the US give a health grant to Kenya?
In other news on TUKO.co.ke, the United States committed KSh 206 billion ($1.6 billion) to support Kenya’s health sector over five years under a Strategic Objective Grant Agreement signed at the National Treasury in Nairobi on July 15, 2026.
Treasury Cabinet Secretary John Mbadi and US Chargé d’Affaires Susan M. Burns signed the agreement, witnessed by Health Cabinet Secretary Aden Duale, to strengthen cooperation and establish financing arrangements, implementation targets and performance benchmarks.
The funding will support reforms at the Kenya Medical Supplies Authority (KEMSA), HIV, tuberculosis and malaria control, digital health expansion and universal health coverage under the government’s Taifa Care programme.
The two governments said the agreement aims to strengthen healthcare delivery, improve accountability and build a more resilient health system while encouraging Kenya to increase domestic financing for healthcare.
Source: TUKO.co.ke