The Court of Appeal on Tuesday lifted conservatory orders that had suspended a multi-billion-shilling health cooperation framework between Kenya and the United States. A three-judge bench ruled that continued suspension risked irreversible harm to patients who depend on programmes covered by the arrangement.
The judges noted that public interest in uninterrupted medical services outweighed the concerns raised by the petitioners at this stage.
The deal, valued at more than Sh328 billion, covers areas including HIV treatment, maternal health, disease surveillance and medical research collaboration.
Human rights groups had obtained the earlier orders after arguing that certain data-sharing clauses could compromise patient privacy. The appellate court found that adequate safeguards exist and that the lower court had not fully considered the potential impact on ongoing treatment programmes.
Health Cabinet Secretary Aden Duale welcomed the ruling and said the ministry would immediately resume implementation while addressing any remaining transparency concerns. Civil society organisations said they would study the full judgment before deciding whether to seek further review at the Supreme Court. Patient advocacy groups, however, expressed relief that critical drug supply chains would no longer face disruption.
Legal analysts observed that the decision sets an important precedent on the balance between public health urgency and constitutional litigation. The government has been directed to file regular progress reports on the implementation of privacy protections contained in the agreement.
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