Omtatah urges court to reject AG’s bid to lift health deal freeze

That senator is fighting hard to keep a huge health deal frozen. Okiya Omtatah wants appellate judges to reject a request lifting the suspension of the Kenya-US Health Cooperation Framework. He argues Attorney General Dorcas Oduor and Health Secretary Aden Duale failed to prove their case meets the legal standard for an emergency stay. The Busia senator maintains that the High Court order merely preserves the situation, making no final ruling on constitutionality.

Omtatah states the conservatory orders protect the petition's core issues from becoming irrelevant. These concerns involve parliamentary approval, data privacy, and public finance management. He calls claims of a healthcare collapse speculative, noting existing programs continue under old funding. The Framework is a new arrangement, not an extension of current aid.

He challenges the appeal's arguable merit, stating executive foreign action still faces constitutional limits. Omtatah contends the deal imposes binding obligations, effectively making it a treaty needing legislative ratification. He warns that implementing it now risks irreversible harm regarding devolution and data protection. The senator asserts public interest favors obeying the Constitution over government expediency.