A Kenyan court has suspended the implementation of a “landmark” $2.5bn (£1.9bn) health aid deal signed with the US last week over data privacy concerns.
It follows a case filed by a consumer rights lobby seeking to stop the alleged transfer and sharing of Kenyans’ personal data under the agreement.
The interim ruling now bars Kenyan authorities from taking any steps to put the deal into practice “insofar as it provides for or facilitates the transfer, sharing or dissemination of medical, epidemiological or sensitive personal health data”.
Since the deal with Kenya, Donald Trump’s administration has signed similar agreements with other African countries as it overhauls its foreign aid programme.
Under its new global health aid strategy, the US prioritises direct deals with governments rather than channelling funding through aid agencies.
Countries are required to increase their own health spending. In the Kenya case, the US contributes $1.7bn, with the Kenyan government covering $850m and gradually taking on more responsibility.
At last week’s signing ceremony, US Secretary of State Marco Rubio described it as a “landmark agreement”.
The US has since entered into similar deals with Rwanda, Lesotho, Liberia and Uganda.
However, many Kenyans have raised concerns that the deal could allow the US to view personal medical records such as their HIV status, TB treatment history and vaccination data.
One of the groups that took the case to court, the Consumer Federation of Kenya (Cofek), argued that Kenya risked ceding strategic control of its health systems “if pharmaceuticals for emerging diseases and digital infrastructure (including cloud storage of raw data) are externally controlled”.
The High Court agreed to bar the implementation of the deal until the full case is heard.
Kenya’s government has sought to reassure citizens over the deal.
On Wednesday, President William Ruto said the attorney-general had gone through the agreement with a “tooth comb” to ensure that “the law that prevails on data that belongs to the people of Kenya is the Kenyan law”.
The US has not commented about the data privacy concerns.
The case is next due in court on 12 February.
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