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STATEMENT BY SENATOR OKIYA OMTATAH OKOITI ON THE HIGH COURT RULING SUSPENDING THE KENYA–USA HEALTH COOPERATION FRAMEWORK
I welcome today’s ruling by the High Court suspending the implementation of the Kenya–United States Health Cooperation Framework signed on 4th December 2025. This decision is a clear affirmation that the Constitution of Kenya is supreme and that no agreement, however well-intentioned, can bypass constitutional safeguards, public participation, parliamentary oversight, fiscal accountability, devolution, or the protection of fundamental rights .
The Court correctly found that the petition raises serious and arguable constitutional questions, including violations of Articles 10, 31, 43, 201, 220–221, and the Treaty Making and Ratification Act. Of particular concern are the threats posed to the right to privacy of patients’ health data, the principles of prudent public finance, and county autonomy over devolved health functions. The Court has also affirmed an important principle: threatened violations of the Constitution are justiciable, and courts have a preventive duty to act before irreversible harm occurs .
This case is not against international cooperation, nor is it against improving healthcare for Kenyans. On the contrary, it is about ensuring that cooperation is lawful, transparent, accountable, participatory, and constitutional. Development cannot be built on shortcuts, secrecy, or executive overreach. The people of Kenya are sovereign, and no government can bind them without their informed consent through constitutional processes.
I commend the Judiciary for prioritizing the public interest and for acting to preserve the substratum of the petition. I also urge the Executive to treat this ruling not as an obstacle, but as an opportunity to reset, comply with the Constitution, involve Parliament and the public, respect devolution, and design health partnerships that are sustainable, rights-respecting, and lawful. The matter proceeds to full hearing.
https://t.co/KDsiTwIeuZ
Jeremiah 30:19
"From them will come songs of thanksgiving
and the sound of rejoicing. I will add to their numbers, and they will not be decreased; I will bring them honor, and they will not be disdained."
It is well.
@MigunaMiguna@MajorDefender@WilliamsRuto The dreamliner is the only plane in kq the fleet that can make that trip to the continental americas without a refuel stop.
@MigunaMiguna@WilliamsRuto Can a Dreamliner KQ plane stay grounded and also serve him while he’s in the US for days in the name of he’s promoting the local airline?
President @WilliamsRuto: This is unacceptably reckless. It’s also false and unpatriotic. How can a president, even of a failed state, justify paying a FOREIGN COMPANY or FAMILY millions of dollars of taxpayers’ money for a jet instead of promoting and using a NATIONAL CARRIER? Apologize!