The Consumers Federation of Kenya (COFEK) has filed an urgent petition at the High Court seeking to block the government from transferring Kenyans’ medical and epidemiological data to the United States under a newly signed Health Cooperation Framework.
According to the petition, the agreement—signed on December 4, 2025—requires Kenya to share sensitive health information, including HIV/AIDS, TB, malaria, maternal health and disease surveillance records. COFEK argues that such data is part of the country’s national health security infrastructure and should not be transferred without strict safeguards.
COFEK Secretary-General Stephen Mutoro said the agreement was executed without public participation, parliamentary scrutiny or compliance with data-protection laws.
“You cannot export the private medical lives of millions without asking them,” Mutoro said, describing the planned data transfer as unlawful and unconstitutional.
He further warned that once exported, the information would be beyond Kenya’s control.
“This risk is permanent, irreversible, and catastrophic for citizen privacy,” he said.
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The petition alleges that government agencies have already begun preparing systems to operationalise the framework, creating an imminent threat of disclosure.
“This is a race to share data without first building the safety rails,” Mutoro said, accusing the state of procedural impropriety.
Sovereignty also features prominently in the complaint, with COFEK arguing that the agreement gives foreign entities broad access to Kenya’s health datasets.
“Handing a foreign government the master key to our health databases undermines our sovereignty,” the petition reads.
COFEK now wants the High Court to issue conservatory orders halting any transfer, sharing or processing of Kenyan health data under the arrangement until the case is fully heard and determined.
The Federation is also demanding publication of all approvals, data-sharing protocols and assessments linked to the agreement.
The petition lists the Ministry of Foreign Affairs, the Ministry of Health, the Digital Health Agency, the Office of the Data Protection Commissioner, the National Assembly, the Senate, and the Attorney General as respondents.
The case is expected to spark significant public debate given its implications for privacy, digital governance and national security.
By Joseph Mambili
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