In its ruling, the court emphasized that matters touching on constitutional rights, public health governance and data protection extend beyond the interests of the immediate parties and therefore fall squarely within the realm of public interest litigation.
As such, they cannot be withdrawn or settled privately without considering broader constitutional implications.
The petition filed by COFEK raises concerns over the scope, transparency and safeguards of the Health Data Sharing Agreement, which allegedly allows cross border exchange of sensitive medical and health related data between Kenyan institutions and American counterparts.
The consumer rights lobby group argues that the agreement was entered into without sufficient public participation, clear legal safeguards, or adequate compliance with Kenya’s data protection framework.
COFEK further contends that the agreement could expose Kenyan citizens’ sensitive health information to misuse, unauthorized access, or commercial exploitation, especially in the absence of clear oversight mechanisms.
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The organization maintains that health data is highly sensitive and should only be shared under strict constitutional and statutory safeguards.
During the proceedings, an attempt was made by parties associated with the agreement to have the petition withdrawn, citing a mutual resolution of concerns.
However, the court rejected the request, stating that once a matter of constitutional significance is brought before it, the court assumes a duty to determine it in the public interest, regardless of private agreements between parties.
The judge noted that allowing withdrawal in such circumstances would set a dangerous precedent where constitutional issues affecting the public could be quietly settled without judicial scrutiny.
The court further underscored the importance of transparency and accountability in agreements involving cross-border data transfers, especially in the health sector.
The matter will now proceed to full hearing, where the court is expected to examine the legality, procedural compliance, and constitutional validity of the Health Data Sharing Agreement.
The ruling has reignited public debate on data sovereignty, privacy rights, and the growing role of international partnerships in Kenya’s healthcare system, with stakeholders closely watching the case as it unfolds.
