Okiya Omtatah Exposes Evidence In court Revealing How Rutos KENYA-US Health Deal Forced SHA SHUTDOWN

CONTROVERSIAL COURT OF APPEAL RULING [Kimaru, JJA Dr Okello, JJA & Munyao, JJA]
-Health Cooperation Framework back on. The Court of Appeal has set aside the High Court's conservatory orders that froze the Kenya-US Health Co-operation Framework signed 4 December 2025. Orders stand until the intended appeal is heard.

Key issues:
1Test applied. Rule 5(2)(b): an arguable appeal plus the nugatory aspect. Public interest added as a third element in constitutional matters, per Munya v Kithinji.
2Arguable appeal. The Court found two procedural grounds arguable. Was the application heard on a date fixed only for directions? Did the High Court breach sub judice, given the conservatory orders in Petition E806 of 2025?
3Nugatory aspect. The Court accepted that if the Framework stalls, it may collapse and funds may go elsewhere. A win on appeal would then be hollow. They chose MONEY over the LAW!
4Respondents rejected. @OkiyaOmtatah and @katibainstitute argued the Framework breaches Articles 1, 2, 10, 31, 43, 201 and 220. They raised data protection, no DPIA, pre-committed public funds, devolution, and no Parliamentary ratification. The Court was not persuaded at this stage.
5Public interest. The Court said it favours the applicants. About 1.4 million Kenyans depend on HIV, TB and malaria treatment. Interruption risks drug resistance and deaths.
6Constitutionality untouched. The Court expressly declined to decide it. The substantive petition remains pending at the High Court.
7Costs. None, as this is public interest litigation.
The big question remains open. Can the Executive commit Kenya to a health deal with public funds and citizen data without Parliament and a data impact assessment?
-Today's deferred ruling only decides who keeps the status quo while that fight continues
#okiyaomtatah #ruto #duale #trump #sha #ebola