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Controversial US-Kenya Health Deal Blocked by Court Amid Data Privacy Fears

Published 3 days ago3 minute read
Pelumi Ilesanmi
Pelumi Ilesanmi
Controversial US-Kenya Health Deal Blocked by Court Amid Data Privacy Fears

A 'landmark' health cooperation deal between Kenya and the United States, valued at approximately $2.5 billion (£1.9 billion), has been temporarily suspended by a Kenyan court amidst widespread data privacy concerns. The interim ruling bars Kenyan authorities from taking any steps that facilitate the transfer, sharing, or dissemination of medical, epidemiological, or sensitive personal health data under the agreement. This suspension follows a petition filed by the Consumers Federation of Kenya (Cofek), which argued that Kenya risked ceding strategic control of its health systems if pharmaceuticals and digital infrastructure, including cloud storage of raw data, were externally controlled.

The deal, under which the US contributes $1.7 billion and the Kenyan government covers $850 million, has drawn sharp criticism from prominent political figures. Former Deputy President Rigathi Gachagua, leader of the Democratic Citizen Party (DCP), dismissed the government’s assurances regarding data security, questioning the deal's credibility due to a perceived lack of public participation and parliamentary approval. He welcomed Busia Senator Okiya Omtatah’s petition to halt the deal, deeming the concerns valid and in the public interest.

Similarly, Democratic Action Party of Kenya (DAP-K) leader Eugene Wamalwa accused the Kenya Kwanza administration of selling national sovereignty through opaque asset deals, describing these transactions as "international neocolonialism." Wamalwa highlighted the High Court's intervention, noting it today suspended the implementation of the health cooperation deal over data privacy. Medical Services PS Dr. Ouma Oluga, however, clarified that the Kenyan Government would only share aggregate health data with the U.S., strictly complying with the Data Protection Act (2019), the Digital Health Act (2023), and other relevant regulations. President William Ruto has also sought to allay fears, insisting the agreement does not compromise Kenya's sovereignty or expose health data, stating the Attorney-General thoroughly reviewed it to ensure compliance with Kenyan law.

The US, under its new global health aid strategy, now prioritizes direct deals with governments over traditional aid agencies, requiring recipient countries to increase their own health spending. Following the Kenya deal, similar agreements have been signed with Rwanda, Lesotho, Liberia, and Uganda.

Beyond the health deal, both Gachagua and Wamalwa have criticized other government transactions. Gachagua faulted the government for approving the transfer of a 15% stake in Safaricom to a foreign entity (Vodacom Group for Sh204.3 billion), considering the telecom giant a key pillar of the national economy. Wamalwa also referenced court interventions on Safaricom, as well as the proposed 30-year lease of Jomo Kenyatta International Airport (JKIA) to India’s Adani Group, which courts blocked in September. Cabinet approval for the privatization of Kenya Pipeline Company (KPC) by selling up to a 65% stake through an IPO has also drawn Wamalwa's criticism, despite the Treasury Cabinet Secretary defending the move as essential for private sector expertise and efficiency.

The political figures also weighed in on domestic issues. Gachagua warned against attempts to disrupt the 2027 General Election using hired groups and cited the DCP's strong performance in recent by-elections, despite what he termed irregularities like violence, voter suppression, and bribery in Narok Town. He further pledged to streamline free primary and secondary education and ensure merit-based teacher promotions if elected president. Gachagua also criticized the scrapping of ID vetting in border counties, claiming it increased scrutiny for Kenyan Somalis traveling abroad. Wamalwa echoed concerns about democratic integrity, citing the "shambolic November 27 by-elections" marred by widespread irregularities including voter bribery and intimidation. He invoked Kenya's independence struggle, urging citizens and civil society to demand accountability and protect national assets, asserting that every compromised asset is a betrayal of past generations.

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