What is at stake following court orders on health deal

Medical staff will be the first casualties of the ongoing battle over the Sh322 billion deal inked between Kenya and the US.

At the same time, the government has to re-adjust its plan, based on the deal, on the elimination of HIV and Aids, malaria and TB if the deal is trashed by the court.

On Friday,Justice Bahati Mwamuye temporarily stopped the implementation of the MoU until a case filed by Senator Okiya Omtatah is heard and determined.

In the framework filed in the High Court, Medical Services Principal Secretary Ouma Oluga says the two countries will collaborate in the surveillance and outbreaks response, with the Kenya National Public Health Institute, being at the centre of the engagement.

The first commitment by the US is to train 30 field epidemiologists and 371 other staff in the public health emergency responsibilities next year, culminating to 1,791 personnel by 2030.

“The US Government intends to support an integrated approach to strengthening the Government of Kenya's surveillance capacity through comprehensive training across OneHealth sectors and programs, including empowering academic institutions to deliver in-person and virtual training for current and future surveillance officers within an integrated surveillance framework,” reads the 37-page document.

On the other hand, the US Food and Drug Administration (FDA) will have to wait to have access to or be involved in fight against outbreaks. Kenya had committed to keep FDA in the know.

If the case before Justice Chacha Mwita drags on next year or if Omtatah wins, Kenya will miss out on $1.6 billion (more than Sh206 billion) promised by the US.

The deal indicated that in 2026, America would give $4.5 million. Further, it indicates that it would give an equal amount from 2027 to 2030 for outbreaks response.

The other agreement was on the laboratory systems. The deal envisioned that the health sector should have a network of 4,542 labs, which would consist of 12 national public health surveillance, four for research, another four for level six referrals, and one national quality control lab, among others.

It indicated that the US currently gives Kenya Sh1.9 billion for laboratory commodities and around 515 front line lab workers.

The document reads that President Trump intends to fund all lab commodities in 2026, but this would be determined by the availability of money after which it would gradually reduce the amount by the end of the framework.

At the same time, the US intends to transition procurement, warehousing and distribution of its lab commodities to the Kenya Medical Supplies Authority by December 31, 2026. The US had kept off the authority due to corruption and mismanagement concerns. 

Trump land provides Kenya with drugs including HIV treatment, HIV rapid tests, HIV

opportunistic infection treatment, tuberculosis preventive therapy, malaria rapid tests,

malaria treatment, insecticide-treated net.

It stated that it would fund the same 100 percent next year but would also reduce the amount overtime.

On its end, Kenya is to ensure that there is no monkey business at Kemsa.

“ The Government of Kenya intends to strengthen national systems for the timely detection, investigation of cases of loss or diversion and falsification of health commodities. This

includes enhancing KEMSA's internal safeguards comprising its existing and dedicated

Security Department, real-time geo-fenced c-locks, c-POD systems, and oversight by the

distribution Monitoring and Evaluation unit. This is in addition to reinforcing the Pharmacy

and Poisons Board's (PPB) role in identifying and addressing falsified health products,” the deal reads.

The two were to within 90 days, from the date of signing the framework, develop a transition mechanism and Kemsa institutional readiness assessment and structure how the commodities would be moved from US agents to the authority.

The other segment of the deal is the frontline health workers. USA intended to fund 28668 health workers in 2026, then 21407 in 2027.

They were to also before April 1, 2026, develop a transition plan of Kenya EMR and other data systems currently supported by the U.S. Government to the Digital Health Agency.

The deal signed by the Prime Cabinet Secretary was to proceed for five years, after which Kenya and USA would sit and review its implementation.