Court of Appeal Lifts Block on KSh328 Billion Kenya-US Health Deal

Kenya's Court of Appeal has lifted the High Court orders that had blocked the KSh328 billion Kenya-US Health Cooperation Framework, allowing the two governments to move forward with the programme while the substantive appeal proceeds.

The three-judge bench of Justices Munyao Sila, Johnson Okoth Okello and Jacqueline Kamau delivered the ruling on Friday, October 9, 2026 and made it public on Tuesday, October 13, 2026, stating that public interest favours implementation of the programme pending the hearing of the appeal.

The judges said, “We are of the considered view that public interest favours the implementation of the programme pending hearing of the appeal,” and warned that maintaining the suspension “It would negatively impact 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 Health Cooperation Framework, signed on December 4, 2025 in Washington, D.C., was signed by Foreign Affairs Cabinet Secretary Musalia Mudavadi, US Secretary of State Marco Rubio and President William Ruto, and is valued at KSh328 billion to strengthen Kenya's healthcare capacity for HIV, TB and malaria.

Human rights activists, including the Consumer Federation of Kenya and Busia Senator Okiya Omtatah, challenged the agreement in court on grounds of inadequate public participation, alleged constitutional breaches and concerns that the United States would gain real-time access to Kenyan health records.

The appeal on the framework's legality is scheduled for hearing on October 30, 2026, and the Court of Appeal noted that its decision does not resolve the underlying constitutional questions raised by the petitioners.