The Court of Appeal has cleared the Kenyan and United States governments to proceed with their Sh328 billion Health Cooperation Framework, overturning High Court orders that had temporarily suspended the deal.
A three-judge bench comprising Justices Munyao Sila, Johnson Okoth Okello, and Jacqueline Kamau ruled that public interest heavily favors allowing the program to move forward while the substantive legal challenge undergoes appeal.
“We are of the considered view that public interest favours the implementation of the programme pending hearing of the appeal,” the judges said.
Impact on 1.4 Million Healthcare Beneficiaries
The appellate judges cited the severe consequences maintaining the suspension would cause for millions of vulnerable Kenyans who rely directly on medical aid and supplies provided through the pact.
“It would negatively impact provision of critical treatment to 1.4 million Kenyans who depend on the drugs and health care support system that will be provided for by the Framework,” the court stated.
The dispute stems from the bilateral Health Cooperation Framework signed by Kenya and the United States on December 4, 2025, to boost healthcare delivery across the country. Following a court petition questioning its constitutionality, the High Court issued conservatory orders blocking its rollout.
The latest Court of Appeal ruling removes the immediate legal barrier, allowing full execution of the bilateral health pact pending the determination of the main appeal. However, the appellate court noted that its decision does not resolve the final constitutional questions raised against the agreement.
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