Kenya Court of Appeal Temporarily Stays High Court Orders Blocking US Health Cooperation Deal

The Court of Appeal temporarily suspended High Court conservatory orders that had blocked implementation of a Kenya-US health cooperation framework. In a ruling delivered on 12 May 2026 in Nairobi, the appellate court allowed the government to proceed with the programme pending determination of an ongoing appeal. A three-judge bench comprising Justices Luka Kimaru, Sila Munyao, and Dr.

Okoth Okello ordered that the High Court directives issued on 19 December 2025 in Petition No. E816 of 2025 be stayed until the appeal is heard and determined. The application to suspend the High Court orders was filed under Civil Application No.

NAI E774 of 2025 by the Attorney General and the Cabinet Secretary for Health. The case lists the Prime Cabinet Secretary and Cabinet Secretary for Foreign and Diaspora Affairs as parties, along with the National Treasury. Senator Okiya Omtatah is the 1st respondent in the case and appeared in person during the proceedings.

The Katiba Institute is a party to the matter, and the Kenya Medical Practitioners, Pharmacists and Dentists Union (KMPDU) was represented in the hearing. After hearing arguments from all parties, the Court of Appeal reserved its final ruling for 30 October 2026. The bench granted an interim order lifting the High Court's conservatory directives.

"For reasons to be given in the ruling, an interim order is hereby issued staying the conservatory order issued by the High Court in Nairobi Petition No. E816 of 2025," the judges stated. The ruling allows the government to proceed with implementation of the Kenya-US health cooperation framework pending determination of the appeal.

AllAfrica reported that the decision restores the government's ability to advance the contested health partnership while broader constitutional questions remain unresolved.