The Consumer Federation of Kenya has taken the government to court, arguing that the country’s new Ksh 200 billion health agreement with the United States cannot move forward without meaningful consumer oversight.

In papers filed this week, COFEK says ordinary Kenyans — whose health data and public services sit at the heart of the deal — have been pushed to the sidelines. “Consumers must be fully informed about which private actors will participate,” the federation said in a statement. It listed pharmaceutical companies, laboratories, technology firms and cloud-storage providers among those who could eventually gain access to national systems.

The five-year framework, signed on 4 December and hailed by both governments as a first for Africa, aims to strengthen Kenya’s health programmes through advanced technologies and long-term system support. Officials from Nairobi and Washington stressed that the US would only see aggregated data, with no personal identifiers shared. They insisted that Kenya’s existing legal protections were enough to safeguard privacy and prevent misuse.

COFEK is not persuaded. The group warns that vague language in the agreement could weaken sovereignty and expose sensitive parts of the health sector to external influence. “Kenya should cooperate boldly but safeguard fiercely,” it said. “Partnership must not translate into surrender of sovereignty, consumer rights, or control of national health data.”

At the centre of the legal challenge are several constitutional guarantees: Article 46 on consumer protection, Articles 10 and 232 on public participation, and Article 31 on privacy. COFEK also cites the Data Protection Act, saying any arrangement involving health information must be transparent, auditable and open to public scrutiny.

The government has emphasised that the Ksh 200 billion is direct assistance rather than a loan — a shift meant to reduce reliance on traditional donor models and place Kenya on firmer footing. Still, COFEK argues that such a far-reaching partnership must not proceed without clear lines of accountability.

The petition asks the court to ensure that decisions involving Kenya’s health data are made openly, with consumers represented at every stage. The case is expected to test how far the government must go to include the public in major international agreements, especially those involving sensitive national systems.