The Consumer Federation of Kenya COFEK has taken the government to court over what it calls dangerous gaps in governance and oversight of the Kenya–US Health Agreement, a landmark Ksh 200 billion health framework signed with Washington.
While the State is selling the deal as a breakthrough for technology-driven healthcare, COFEK warns that consumers have been locked out of decisions involving their own health data.
At the heart of the legal challenge is a demand for transparency, public participation, and firm guarantees that Kenya’s sovereignty and privacy rights will not be quietly traded away.
Why the Kenya–US Health Agreement Faces a Legal Test From Consumers
The five-year Kenya–US Health Agreement was signed on Thursday, December 4, 2025, making Kenya the first African country to enter a government-to-government health framework with the United States. Valued at Ksh 200 billion, the deal is direct government assistance rather than a loan, and is meant to strengthen health programmes through advanced technologies while improving long-term system sustainability.
President William Ruto and US Secretary of State Marc Rubio hailed the agreement as a shift away from traditional donor dependence. Officials from both sides insist the framework will modernize service delivery, disease surveillance, and digital health systems without compromising national interests.
COFEK disagrees. In a press statement issued on Wednesday, December 10, 2025, the federation said the agreement was negotiated and signed without meaningful consumer representation, despite consumers being the primary users of health services and the main source of health data. The federation argues that excluding consumers from oversight structures violates both the Constitution and basic principles of democratic governance.
At the centre of the dispute is a section of the Memorandum that COFEK says lacks clarity and is open to interpretation in ways that could undermine Kenya’s sovereignty and data privacy. The organisation wants the clause clearly defined or removed altogether.
Data privacy promises versus enforceable safeguards
Government officials have sought to calm fears by stating that the United States will only access aggregated data and will not collect personal identifiers.
According to the State, existing legal protections are sufficient to prevent misuse of data generated under the Kenya–US Health Agreement. COFEK is not convinced. The federation argues that assurances given at press briefings do not replace binding oversight mechanisms.
Without consumer participation, there is no independent way to verify who accesses the data, how it is processed, or which third parties are involved behind the scenes. “Transparency cannot be compromised,” COFEK stated, warning that vague guarantees leave room for mission creep, especially where powerful technology and surveillance firms are involved.
The federation insists that health data, even when aggregated, remains sensitive and strategically valuable, requiring stronger safeguards than those currently outlined.
Control of pharmaceuticals and digital health infrastructure
Beyond privacy, COFEK raises alarm over the risk of Kenya ceding strategic control of its health system. The federation wants full disclosure of all private actors expected to participate in the Kenya–US Health Agreement, including pharmaceutical giants, laboratories, technology firms, surveillance companies, and cloud-storage providers.
According to COFEK, allowing external control of pharmaceuticals and digital infrastructure could lock Kenya into long-term dependencies that weaken local capacity and bargaining power. Once systems, supply chains, and data platforms are externally controlled, reversing that control becomes politically and economically costly.
“Kenya should cooperate boldly but safeguard fiercely,” the federation emphasized, adding that partnership must never translate into surrender of sovereignty, consumer rights, or control over national health data.
This concern cuts directly against the government narrative that the agreement strengthens sustainability. COFEK argues that true sustainability requires local oversight, shared control, and accountability to Kenyan citizens rather than reliance on external goodwill.
Constitutional grounds behind COFEK’s court action
COFEK’s petition is anchored on several constitutional provisions. Chief among them is Article 46, which guarantees consumer rights, including protection of economic interests and the right to information. The federation also cites Articles 10 and 232, which enshrine public participation, transparency, and accountability in public service.
Privacy protections under Article 31 and the Data Protection Act also form a key pillar of the case. COFEK argues that any framework involving health data must be subjected to public scrutiny and independent oversight to meet constitutional thresholds.
The petition seeks court orders to ensure that all decision-making related to Kenyan health data under the Kenya–US Health Agreement remains public, auditable, and jointly supervised with consumer representation. COFEK insists this is not an anti-cooperation move but a demand for lawful, transparent, and people-centered governance.
