Senator Omtatah to Challenges U.S.-Kenya Health Deal in Court, Citing Constitutional Breach

Busia Senator Okiya Omtatah has filed an urgent lawsuit seeking to halt the implementation of a major health cooperation agreement signed between Kenya and the United States, claiming the deal bypassed critical legal and democratic processes.

The framework, signed on December 4, 2025, commits the U.S. government to invest approximately Ksh 208 billion (USD 2.5 billion) directly into Kenya’s health institutions over five years. In his application, Omtatah is asking the court to suspend the agreement and issue conservatory orders preventing its implementation, arguing it was enacted without required public participation or parliamentary approval.

“Unless conservatory orders issue, there is a real risk of the violation of express provisions of the Constitution as the respondents implement the Framework,” Omtatah stated in court documents.

He contends that the signing was “rushed,” illegally sidestepping Parliament. Under Kenyan law, international agreements of this nature qualify as treaties, requiring negotiation by the Executive followed by parliamentary ratification before they can take effect.

“The rushed signing, bypassing Parliament, usurps legislative authority and undermines the sovereignty of the people,” the court papers read.

The senator further alleges that the framework threatens sustainable public finance and could worsen Kenya’s debt burden. The agreement requires Kenya to match U.S. funding—estimated at an additional USD 850 million in health spending—a commitment Omtatah argues was made without independent fiscal modelling.

“This contravenes principles of sustainable public finance and risk-informed decision-making, potentially exacerbating debt and diverting resources from grassroots health needs,” he warned.

Moreover, Omtatah emphasized that the Constitution mandates meaningful public involvement in all state actions affecting the public. He noted that no consultations were held with health stakeholders, civil society, or affected citizens prior to the signing.

“Kenyans were denied a voice, rendering the process arbitrary and exclusionary,” he submitted, adding that this lack of engagement infringes on the constitutional right to health.

The case puts a spotlight on the tensions between expedited international partnerships and domestic legal safeguards. As the court considers the application, the future of the landmark health investment—and the procedures governing how Kenya enters into foreign agreements—hangs in the balance.