Kenya seeks equitable terms in US health partnership

Kenya is participating in renewed World Health Organization (WHO) negotiations regarding global pathogen data sharing, scheduled to take place at the end of this month. This occurs concurrently with Kenya’s advancement of a new bilateral health agreement with the United States.

The negotiations, set for January 20–22 in Geneva, aim to finalize the Pathogen Access and Benefit-Sharing (PABS) system. This system is intended to govern the sharing of dangerous pathogens and the distribution of benefits derived from vaccines, diagnostics, and treatments developed from them.

WHO Negotiations and the PABS System

The WHO has requested member states to reconvene early due to the urgency of the matter. The organization stated that member states agreed to establish a PABS platform to facilitate the sharing of pathogens and genetic information, alongside the benefits arising from their use, in a timely, fair, and transparent manner. This platform is envisioned to contribute to a more effective and equitable response to future pandemics. Informal dialogues with industry, laboratories, and data platforms will continue ahead of the January session, with a fifth round of negotiations scheduled for February 9–14.

Kenya–U.S. Health Cooperation Framework

Kenya recently signed a five-year, $1.6 billion (Sh207 billion) health agreement with the United States, replacing previous funding channeled through Usaid and Pepfar. The agreement requires Kenya to share pathogen data with the U.S. within one day of any discovery.

President William Ruto stated that the agreement will strengthen Kenya’s health system and improve preparedness, including boosting disease surveillance and emergency preparedness. The agreement is part of the America’s First Global Health Strategy (AFGHS), and Kenya was the first of 50 countries expected to sign by the end of December.

Concerns Regarding Bilateral Agreements

The agreement has raised concerns among health policy experts about the potential impact on the WHO framework. Amref Health Africa group CEO Githinji Gitahi cautioned that bilateral agreements risk undermining collective global efforts, noting that pathogen sequence data alone can be used to develop valuable products. He questioned the guarantees of benefits flowing back to Kenya and emphasized the need for active enforcement of existing domestic access and benefit-sharing laws.

Gitahi also expressed concern that the agreement leaves benefit-sharing to future negotiation without a defined timeline, potentially establishing a problematic precedent.

Financial Aspects of the U.S. Agreement

In return for the U.S. commitment of up to $1.6 billion (Sh207 billion) over five years, starting in April 2025, Kenya is expected to allocate approximately $850 million in domestic resources during the same period. Kenya will initially receive a significant portion of the grant, with the amount decreasing annually until 2031, when the nation is projected to fully finance its health services. This replaces all Pepfar funding and other health financing previously received through Usaid.

President Ruto pledged efficient, effective, and accountable spending of the funds. The U.S. aims to help countries build their own health systems and reduce reliance on donations through the AFGHS, providing smaller, more targeted support.