Medical Services PS Dr. Ouma Oluga has defended the government’s five-year health partnership agreement with the United States amid an ongoing court battle challenging its implementation over data privacy concerns.
Speaking during an interview with KBC Channel 1 TV on Wednesday, Dr. Oluga dismissed fears of data misuse, insisting that Kenyan law remains the guiding framework for any data handling under the agreement.
“Article 35 of the Constitution guarantees every Kenyan data protection. The agreement is clear that we will use Kenyan law, the Data Protection Act, and the Digital Health Act. We are not going to disclose anyone’s private information,” he assured.
Dr. Oluga clarified that the data will be used strictly for public health purposes to ensure faster detection and containment of disease outbreaks.
“Healthcare is not about protecting data alone. It is about using data for surveillance and strengthening public health responses,” he stated.
The Ksh208 billion agreement, signed on December 4, 2025, stalled after the Consumer Federation of Kenya (Cofek) and Busia Senator Okiya Omtatah filed petitions citing possible medical data breaches.
In court filings, Omtatah argued that the deal was negotiated and executed in violation of constitutional principles on public participation, transparency, and accountability.
However, the PS said the funding Kenya stands to receive from the US government is essentially the same financing that was previously channelled through Non-Governmental Organisations and USAID.
He said the new framework will provide direct support to government institutions to sustain critical services for HIV/AIDS, malaria, and other priority areas.
“The money we are getting from the US government is the same money that was going to NGOs. What we have done is put it in a framework where the government is directly involved,” Dr. Oluga said.
He warned that the suspension of such support has immediate and severe consequences for patients who depend on donor-funded medication, particularly those receiving treatment for HIV and malaria.
“All the malaria medicine the government is giving right now was bought by the US government. When you tell us to stop it, what am I stopping? Am I stopping people from getting medicine? That is not humane,” he said.
At the same time, Dr. Oluga said the government is prioritising long-term sustainability through health financing reforms, improved human resources for health, and local vaccine production as part of the universal health agenda.
He revealed that the construction of a BioVax facility in Embakasi, Nairobi, is ongoing, with Kenya expected to produce its first test vaccine vials by mid-2027 and begin full production by 2028.
The Ksh12 billion project, funded by the World Bank, is expected to reduce Kenya’s reliance on imported vaccines.
“For the first time, Kenya is going to produce its own vaccines. We spend about Ksh11 billion buying vaccines every year. That money will now stay here, and we will save nearly half of it,” the PS said.
