A three‑judge bench of the Court of Appeal overturned conservatory orders issued by the High Court on 19 December 2025, which had stopped the implementation of Kenya’s health cooperation framework signed with the United States on 4 December 2025.

The appellate judges ruled that suspending the agreement would jeopardise critical programmes such as HIV, tuberculosis, malaria treatment and immunisation services, endangering the lives of citizens dependent on these interventions.

The government, represented by the Attorney General and the Cabinet Secretary for Health, argued that about 1.4 million Kenyans rely on medicines and support linked to the framework and that interruption could trigger drug resistance and broader public‑health crises.

The court agreed that the risk of irreversible harm, including possible loss of life, outweighed the procedural concerns raised in the constitutional challenge.

While the appeal does not settle the constitutionality of the Kenya‑US agreement, the judges emphasized that the framework has not been declared unconstitutional and that substantive constitutional questions must be addressed in the main proceedings.

Opposition from MP Okiya Omtatah Okoiti and the Katiba Institute highlighted concerns over data protection, privacy, public finance, devolution and parliamentary oversight, arguing that implementing the framework before a full constitutional ruling could undermine fundamental rights.

The appellate court noted procedural issues raised by the government, including the High Court’s hearing on a directions day without proper notice and a possible breach of the sub‑judice rule, finding these points arguable and worthy of appeal.

In its final order, the Court of Appeal set aside the High Court’s December 2025 ruling and the associated conservatory orders, allowing the health framework to be implemented while the appeal proceeds.