Health Cabinet Secretary Aden Duale has reassured Kenyans about the integrity, legality, and intentions behind the recently signed Health Cooperation Framework and Data Sharing Agreement with the United States, shortly after the High Court halted the implementation of the particular deal.

In a statement released on Friday, December 12, 2025, Duale emphasised that the partnership is designed to deliver major benefits to the country, particularly through a shift to a government-to-government funding model aimed at improving disease prevention and accelerating progress toward Universal Health Coverage.

”We emphasise that this Framework was drafted with strict adherence to due process, ensuring that Kenya’s sovereignty, data ownership, and intellectual property are fully protected while securing essential support to strengthen our health security,” the statement added.

This clarification responds to public concerns and legal challenges questioning whether the deal compromises national sovereignty or amounts to an international treaty requiring parliamentary approval.

Data safety

Addressing fears about the sharing of personal health information, Aden Duale maintained that the agreement contains stringent privacy safeguards.

Key protections include:

Mandatory compliance with the Data Protection Act, 2019 and Digital Health Act, 2023, a “supremacy clause” ensuring Kenyan laws take precedence in case of conflict and explicit restrictions limiting data sharing to aggregate, non-identifiable information.

Duale reaffirmed that no personally identifiable information can be shared under the agreement.

Respect for court processes

The statement acknowledged the ongoing conservatory orders issued by the courts, which temporarily limit aspects of the data-sharing arrangement. The Health Cabinet Secretary clarified that these orders apply only to the sharing of data, not to the broader health cooperation partnership.

He expressed confidence that once the court reviews the complete documentation, some of which was not available during the issuance of the interim orders, it will confirm that the agreement complies fully with the Constitution and Kenyan law.

”The Government is confident that once the Honorable Court is presented with the full documentation and facts — which were not available prior to the issuance of the interim orders — it will appreciate the intent and spirit of this partnership. We believe the Court will affirm that all legal due processes were followed and that the agreements are fully compliant with the Constitution and the laws of Kenya.” The statement added.

Duale reiterated that the overarching goal of the partnership is to strengthen Kenya’s health security framework by boosting accountability and directing essential resources to priority areas such as disease prevention.

He affirmed the government’s commitment to transparency, legal compliance, and the protection of Kenyan citizens throughout the ongoing collaboration with the United States.