Kenya’s High Court on Wednesday issued an interim order suspending a controversial $1.6 billion health data-sharing agreement between Kenya and the United States, citing serious concerns over citizens’ privacy and data protection rights.
The seven-year pact, signed only last week during a state visit, would have allowed the systematic transfer of Kenyan medical and epidemiological records to US institutions to support research and the fight against infectious diseases.
Justice Lawrence Mugambi granted the conservatory orders after a petition argued that the deal violated the country’s Data Protection Act and lacked adequate safeguards against misuse or re-identification of personal data.
The case is set for further hearing in January 2026.
The ruling has drawn sharp attention across Africa, particularly in Nigeria, where the Federal Inland Revenue Service (FIRS) is finalising a separate memorandum of understanding with France to exchange aggregated tax information as part of broader digital tax reforms and anti-evasion measures.
Prominent Nigerian human rights lawyer and former National Human Rights Commission chair, Professor Chidi Odinkalu, highlighted the contrast in a widely shared post on X (formerly Twitter) on Thursday
“Kenya’s High Court just stopped a US-Kenya medical data-sharing deal dead in its tracks over privacy concerns.
Meanwhile in Nigeria, FIRS is about to hand over aggregated tax data to France under a new MoU. Same continent, different reflexes.”
The proposed Nigeria-France arrangement has sparked online debate, with critics questioning whether sufficient parliamentary oversight and data sovereignty protections are in place.
Several commentators asked why Nigeria’s judiciary and civil society have not mounted similar challenges seen in Nairobi.
Neither the Nigerian Ministry of Finance nor the FIRS has issued an official response to the emerging criticism as of Thursday evening.
The tax data-sharing MoU is expected to be signed before the end of 2025.
Follow the Parallel Facts channel on WhatsApp: https://whatsapp.com/channel/0029VaCQSAoHgZWiDjR3Kn2E
