Doctors have voiced support for the government’s effort to lift a court freeze on a Sh209 billion health partnership with the United States, citing disruptions to essential medical treatment for millions of Kenyans. The Kenya Medical Practitioners and Dentists Union (KMPDU) argues the suspension is creating a critical gap in healthcare services.
Impact of the Court Freeze
The KMPDU stated that the court order issued on December 19, 2023, has significantly impacted healthcare delivery. Approximately 1.3 million people living with HIV and Aids have been affected, and tuberculosis treatment has been interrupted for 82 percent of patients. Concerns have also been raised regarding increased infectious disease transmission during the December–January period, a time of high population mobility.
Legality of the Data Sharing Agreement
The union defended the legality of the data-sharing arrangement, asserting it complies with Kenyan law and protects national data sovereignty. They maintain the agreement, signed through diplomatic channels, is not subject to court oversight as it does not constitute a “treaty” under Kenyan or international law. The KMPDU also warned of Kenya’s limited capacity to independently manage infectious diseases, citing potential threats from M-pox and the risk of Marburg virus disease.
Opposition to the Agreement
Busia Senator Okiya Omtatah has challenged the agreement, alleging it bypassed Parliament and created extra-budgetary expenditure without legislative approval. He argues the framework prioritizes US geopolitical interests over equitable Universal Health Care and that key terms, obligations, and financial implications have not been made public.
Government Defense of the Agreement
Attorney General Dorcas Oduor clarified that Kenya will only share aggregated data, not personal or sensitive information, with the US. Senior State Counsel Thande Kuria emphasized that Kenyan regulations would prevail in case of any conflict. He also highlighted the framework’s role in fulfilling Kenya’s duty to ensure the progressive realization of the right to the highest attainable standard of health.
Government-to-Government Arrangement
Medical Services Principal Secretary Ouma Oluga described the agreement as a government-to-government arrangement that does not require parliamentary approval. He stated that Kenya cannot effectively manage HIV, tuberculosis, and malaria alone and pointed to similar agreements signed by Rwanda, Uganda, and Liberia. Oluga also clarified that taxpayer money is not committed to the deal but reflects an intention to collaborate on funding.
Further Concerns Raised
Senator Omtatah maintains the deal attempts to evade scrutiny and argued that, despite claims of being non-binding, it effectively binds Kenya. He further stated that the government signed the framework without a Data Protection Impact Assessment and created an extra-budgetary stream that undermines the integrated financial management system.
