Appeals court lifts order stopping US-Kenya health agreement implementation

On October 9, 2026, the Court of Appeal in Kenya lifted orders that had previously blocked the implementation of a health cooperation framework between Kenya and the United States. The court ruled that the application of the framework, signed on December 4, 2025, was in the public interest and should proceed pending the outcome of the appeal.

The health framework aimed to improve healthcare services for millions of Kenyans, particularly in areas such as HIV, tuberculosis, and malaria treatment. The High Court had issued conservatory orders on December 19, 2025, which barred the government from implementing the framework. The Attorney General and the Cabinet Secretary for Health had challenged the High Court's decision, arguing that suspending the framework would have severe consequences for Kenyans who rely on essential medical services.

They feared that interruptions to treatment could lead to drug resistance, irreversible health complications, and even deaths for approximately 1.4 million citizens. The court, however, did not address the constitutionality of the health framework at this stage, as it would be addressed in the substantive petition and main appeal.

The court emphasized that public interest favored allowing the programme to proceed, as failure to implement the framework could result in the collapse of the entire programme and the redirection of resources elsewhere.