Court suspends US health deal over data concerns

The Kenyan High Court has issued conservatory orders suspending the health co-operation agreement between Kenya and the US, signed last week. Justice Bahati Mwamuye specifically suspended the component of the pact relating to the transfer of health and personal data. The order effectively halts this aspect of the agreement pending further legal review. ‘This suspension applies insofar as the agreement provides for or facilitates the transfer, sharing or dissemination of medical, epidemiological or sensitive personal health data.’ Mwamuye directed that the case be sent to Justice Lawrence Mugambi on 12 February next year to confirm compliance and to take directions on the expedited hearing and determination of the petition. The case was filed by the Consumers Federation of Kenya (Cofek), which moved to challenge the Ksh200bn ($1.5bn) Kenya-US Health Co-operation Framework Agreement that was signed in Washington on 4 December by Prime Cabinet Secretary Musalia Mudavadi and US Secretary of State Marco Rubio. Cofek, in its court papers, argued that the deal violates the Constitution and the health law and that it was done discreetly. ‘Once Kenya's medical and epidemiological data is transferred abroad, the harm becomes permanent and irreversible. Neither this honorable court nor Kenyan regulators would have the power to recall, restrict, or oversee how such data is used overseas,’ the lobby told the court. On Wednesday, President William Ruto moved to dismiss fears that the US Government hoodwinked Kenya into agreeing to the health partnership deal, which has sparked intense debate over data safety.

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