The High Court has rejected an attempt by the Consumer Federation of Kenya to withdraw a constitutional petition challenging the controversial health data sharing agreement between Kenya and the United States.
In a ruling that underscores the judiciary’s role in safeguarding public interest litigation, Justice Lawrence Nyaundi upheld an objection by the Katiba Institute, effectively blocking COFEK’s move to withdraw Constitutional Petition No. E809 of 2025.
COFEK had informed the court that it had entered into a consent agreement with the government, seeking to discontinue the case.
However, Katiba Institute, through its counsel Joshua Malidzo, opposed the application, arguing that constitutional violations cannot be settled through consent where the alleged breaches remain unresolved.
Malidzo further told the court that the petition was filed in the public interest and could not be treated as the sole property of COFEK.
He maintained that any member of the public has the right to pursue such a case to its logical conclusion.
Court Affirms Public Interest Principle
In his ruling, Justice Nyaundi agreed, stating that courts must retain control over constitutional petitions, particularly those filed in the public interest.
He held that a notice of withdrawal is not automatic and may be declined where sufficient grounds are presented.
The judge noted that Okiya Omtatah had already expressed willingness to continue prosecuting the matter alongside his own related petition (No. E816 of 2025), strengthening the case for the proceedings to continue.
“The Court must ensure that constitutional accountability is upheld, especially in matters affecting the public interest,” the ruling emphasised.
Petition to Proceed
As a result, the court directed that the consolidated petitions will proceed to full hearing, with the matter scheduled for May 25, 2026, before Justice Nyaundi.
The case centres on the legality and constitutionality of the Kenya–US Health Data Sharing Agreement, which has drawn scrutiny over concerns related to data privacy, sovereignty, and potential misuse of sensitive health information.
Legal experts say the ruling reinforces Kenya’s growing jurisprudence on public interest litigation, signalling that constitutional petitions cannot be easily withdrawn once filed, especially where broader public rights are at stake.
The decision is expected to have far-reaching implications for how similar cases are handled in the future, particularly those involving government agreements and citizens’ rights.
For now, the spotlight shifts to the substantive hearing, where the court will determine whether the health data sharing agreement meets constitutional thresholds.
