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Kenyan court halts $2.5bn US health aid deal over data privacy

Story Highlights
  • Kenyan court suspends the $2.5bn health aid agreement with the US, citing risks to citizens’ personal health data
  • The deal, signed last week, includes $1.7bn from the US and $850m from Kenya, with the country gradually assuming more funding responsibility
  • The Consumer Federation of Kenya argued the agreement could give the US control over pharmaceuticals

A Kenyan court has temporarily halted the rollout of a “landmark” $2.5bn (£1.9bn) health aid agreement signed with the United States last week, citing concerns over data privacy.

The suspension follows a legal challenge by a consumer rights group aiming to prevent the alleged transfer and sharing of Kenyans’ personal health data under the deal.

The interim ruling bars Kenyan authorities from implementing any part of the agreement “insofar as it provides for or facilitates the transfer, sharing, or dissemination of medical, epidemiological, or sensitive personal health data.”

The agreement is part of the US’s broader global health aid strategy under the Trump administration, which prioritises direct government-to-government deals instead of funding through aid agencies. Participating countries are expected to increase their own health spending. In Kenya’s case, the US pledged $1.7bn while the Kenyan government contributes $850m, gradually taking on more responsibility.

At the signing last week, US Secretary of State Marco Rubio called the deal a “landmark agreement.” Similar agreements have since been signed with Rwanda, Lesotho, Liberia, and Uganda.

However, many Kenyans have expressed fears that the deal could give the US access to sensitive medical records, including HIV status, TB treatment histories, and vaccination data.

The Consumer Federation of Kenya (Cofek), which brought the case to court, argued that the country risks losing strategic control over its health systems if pharmaceuticals and digital infrastructure, including cloud storage of raw data, are externally managed.

The High Court’s ruling effectively pauses the agreement until the case is fully heard.

Kenya’s government has reassured citizens that legal safeguards are in place. President William Ruto stated that the attorney-general has reviewed the agreement thoroughly to ensure that Kenyan law on personal data remains fully applicable.

The US has not yet responded to the court’s decision or the raised privacy concerns. The next hearing is scheduled for 12 February.

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