Supreme Court's decisions of December 19, 2025 on the closure of the conservatory. The decision of the Court of Appeal will be valid until the final decision is rendered on October 30, 2026.
The Prosecutor General and the Cabinet Secretary for Health have appealed to the court, arguing that the suspension of the framework program threatens basic medical services and financing for disease control. The agreement, signed in Washington, D.C., on December 4, 2025, in the presence of President Ruto, aims to strengthen Kenya's health system through technical assistance and funding for programs to combat HIV/AIDS, tuberculosis and malaria.
The deal has faced significant opposition from lawyers led by Busia State Senator Okiya Omtatah and various pressure groups. The initial appeal to the High Court was prompted by concerns about insufficient public participation, insufficient parliamentary oversight, and potential violations of Kenyan data protection laws. The applicants specifically warned that the agreement could lead to the disclosure of confidential medical records, including data on HIV and tuberculosis, without proper guarantees. In addition, critics have questioned the financial implications of the agreement, arguing that the government's commitment to increase healthcare spending could lead to an overload of public resources.
Although the Court of Appeal's decision provides the Government with immediate assistance, it does not resolve the underlying legal dispute. The court made it clear that the most important issues of data confidentiality, compliance with constitutional norms and financial reporting will be carefully considered in the final decision, which is scheduled for the end of this year. In the meantime, the Government is allowed to resume health programs and services that were suspended by a previous court decision.
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