In a statement on Friday, Duale reassured Kenyans that the partnership safeguards national sovereignty, ensures data ownership, and protects citizens’ personal health information.
The agreement, signed earlier this month, has drawn scrutiny after a High Court order suspended aspects of data sharing, following a petition by Senator Okiya Omtatah.
“The Government wishes to reassure the public regarding the integrity and intent of the recent Health Cooperation Framework and Data Sharing Agreement signed with the United States,” Duale said, noting that the model enhances accountability and supports Universal Health Coverage.
He emphasized that only aggregated data may be shared, ensuring personally identifiable information remains confidential. The agreement adheres strictly to Kenyan law, with Article 2(a) mandating compliance with the Data Protection Act, 2019 and the Digital Health Act, 2023, while Article 5(f) includes a “supremacy clause” confirming that Kenyan law prevails in any conflict.
While acknowledging the High Court’s role in protecting citizens’ rights, Duale clarified that the conservatory orders only affect provisions relating to data sharing and do not freeze the broader partnership.
“We fully recognize and respect the crucial role of the Courts in interpreting the law and safeguarding the rights of Kenyans. The current conservatory orders are specific to the sharing of data and do not suspend the broader partnership,” he said.
Duale expressed confidence that a full review of the documentation would demonstrate that the agreement complies with the Constitution and relevant statutes.
“The Government is confident that once the Honourable 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,” he added.
The framework, Duale explained, is intended to strengthen Kenya’s health security, expand capacity in disease surveillance, improve emergency preparedness, and enhance access to essential health services.
Under the agreement, the United States will direct resources to national institutions including the Social Health Authority, Digital Health Authority, Kenya Medical Supplies Authority (KEMSA), and the National Public Health Institute.
“The Government wishes to reassure the public regarding the integrity and intent of the recent Health Cooperation Framework and Data Sharing Agreement signed with the United States,” Duale said, noting that the model enhances accountability and supports Universal Health Coverage.
He emphasized that only aggregated data may be shared, ensuring personally identifiable information remains confidential. The agreement adheres strictly to Kenyan law, with Article 2(a) mandating compliance with the Data Protection Act, 2019 and the Digital Health Act, 2023, while Article 5(f) includes a “supremacy clause” confirming that Kenyan law prevails in any conflict.
While acknowledging the High Court’s role in protecting citizens’ rights, Duale clarified that the conservatory orders only affect provisions relating to data sharing and do not freeze the broader partnership.
“We fully recognize and respect the crucial role of the Courts in interpreting the law and safeguarding the rights of Kenyans. The current conservatory orders are specific to the sharing of data and do not suspend the broader partnership,” he said.
Duale expressed confidence that a full review of the documentation would demonstrate that the agreement complies with the Constitution and relevant statutes.
“The Government is confident that once the Honourable 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,” he added.
The framework, Duale explained, is intended to strengthen Kenya’s health security, expand capacity in disease surveillance, improve emergency preparedness, and enhance access to essential health services.
Under the agreement, the United States will direct resources to national institutions including the Social Health Authority, Digital Health Authority, Kenya Medical Supplies Authority (KEMSA), and the National Public Health Institute.
This represents a shift from traditional donor-led programs to locally managed investments, giving Kenya greater control over its health systems.
The government has challenged the High Court’s interim order, aiming to resume full implementation of the agreement once legal review is complete.
The Kenya–US Health Cooperation Framework marks a milestone, making Kenya the first African country to adopt a government-to-government health funding model with the United States, according to Duale.
The Cabinet Secretary’s statements come amid public debate over privacy and data protection, reflecting growing concerns over the handling of sensitive personal information in large-scale government projects.
The government has challenged the High Court’s interim order, aiming to resume full implementation of the agreement once legal review is complete.
The Kenya–US Health Cooperation Framework marks a milestone, making Kenya the first African country to adopt a government-to-government health funding model with the United States, according to Duale.
The Cabinet Secretary’s statements come amid public debate over privacy and data protection, reflecting growing concerns over the handling of sensitive personal information in large-scale government projects.
