The agreement, known as the Cooperation Framework on Health, was signed on December 4, 2025, and is expected to channel billions into Kenya’s healthcare system over the next five years.
In his court petition, Omtatah wants a temporary order issued to stop the government from beginning or continuing any steps related to the deal.
In his court petition, Omtatah wants a temporary order issued to stop the government from beginning or continuing any steps related to the deal.
He argues that the agreement was signed in a manner that violated the Constitution because the public was not given a chance to participate or give their views.
The framework outlines a $2.5 billion (about Ksh 208 billion) investment by the U.S. into Kenya’s health sector.
The framework outlines a $2.5 billion (about Ksh 208 billion) investment by the U.S. into Kenya’s health sector.
However, Omtatah says such a major commitment should have first been shared with the public and then submitted to Parliament before being approved.
According to him, the government bypassed these steps, making the entire process unlawful.
“The Constitution requires meaningful public participation in all actions affecting citizens,” the Senator stated in his filings.
“The Constitution requires meaningful public participation in all actions affecting citizens,” the Senator stated in his filings.
He noted that no health workers, civil society groups, or members of the public were invited to any consultation before the deal was signed.
Omtatah also argues that rushing the signing of the agreement undermined Parliament’s authority. He maintains that the framework qualifies as an international treaty, meaning it must first be negotiated by the Executive and then formally approved by Parliament before it can be enforced.
Omtatah also argues that rushing the signing of the agreement undermined Parliament’s authority. He maintains that the framework qualifies as an international treaty, meaning it must first be negotiated by the Executive and then formally approved by Parliament before it can be enforced.
Skipping these steps, he says, weakens the rule of law and erodes public trust.
Beyond procedural issues, Omtatah raises concerns about the finances involved. He warns that channelling such a large sum of money directly through government institutions—without independent oversight—creates a risk of mismanagement.
Beyond procedural issues, Omtatah raises concerns about the finances involved. He warns that channelling such a large sum of money directly through government institutions—without independent oversight—creates a risk of mismanagement.
He also argues that Kenya’s obligation to increase its own health spending by an estimated $850 million was not supported by proper financial modelling and could strain the national budget.
According to the Senator, the agreement could burden taxpayers, increase debt, and divert resources away from community-level healthcare services.
He is therefore asking the court to immediately suspend the implementation of the health framework until the case is heard and determined. The court is expected to issue directions in the coming days.
According to the Senator, the agreement could burden taxpayers, increase debt, and divert resources away from community-level healthcare services.
He is therefore asking the court to immediately suspend the implementation of the health framework until the case is heard and determined. The court is expected to issue directions in the coming days.
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