Court Rejects COFEK’s Bid to Withdraw Petition on US-Kenya Health Data Agreement

Kenyan Court Blocks Attempt to Withdraw Petition Challenging US Health Data Sharing Agreement

Nairobi, Kenya – A Kenyan High Court has blocked the Consumer Federation of Kenya (COFEK) from withdrawing a constitutional petition challenging the controversial health data sharing agreement between Kenya and the United States. The ruling, delivered by Justice Hedwig Nyaundi, reinforces the importance of public interest litigation and safeguards the integrity of constitutional proceedings.

Background of the Dispute

COFEK had initially filed Constitutional Petition No. E809 of 2025, seeking to challenge the agreement. However, the organization recently sought to discontinue the petition after reportedly reaching a consent agreement with the Kenyan government. This move was strongly opposed by the Katiba Institute, a legal think tank, which argued that such constitutional litigation, particularly when filed in the public interest, cannot be easily terminated through a private agreement.

Court’s Reasoning and Ruling

Justice Nyaundi sided with the Katiba Institute, upholding their objections and emphasizing that the matter raises significant constitutional questions that require resolution. The court stated that there can be no compromise when alleged constitutional violations remain unresolved. Counsel for the Katiba Institute argued that such cases are not the exclusive domain of the original petitioner and that public interest litigation belongs to the people, allowing any concerned party to pursue it to its logical conclusion.

Justice Nyaundi agreed, highlighting the court’s supervisory role in protecting constitutional proceedings. “The court retains ultimate control over public interest petitions and may decline a withdrawal where circumstances justify continued adjudication,” she ruled.

Public Interest and Broader Participation

The court also noted that the case had already garnered broader public attention, with Busia Senator Okiya Omtatah expressing his willingness to continue the matter alongside his own related petition. This wider participation further underscored the public interest in the case.

Moving Forward

The judge emphasized the need for accountability in cases involving constitutional rights and state conduct. Consequently, the petitions, now consolidated, will proceed to a full hearing. The court has scheduled May 25, 2026, for further directions in the case, ensuring that the critical issues surrounding the health data sharing agreement are thoroughly examined.

This ruling signifies a significant victory for advocates of transparency and accountability in government agreements and reinforces the power of public interest litigation in safeguarding constitutional rights.