Kenya’s recent health cooperation framework with the United States, signed during President William Ruto’s visit to Washington, does not require parliamentary approval or Attorney-General oversight, according to legal expert Willis Otieno.
The agreement forms part of a series of memoranda of understanding (MoUs) and health financing deals that Kenya has routinely signed with international partners over the years.
Speaking on X, Otieno clarified that Kenyan law does not mandate that MoUs or health financing agreements be tabled in Parliament.
He noted that similar arrangements have been established with entities including the Global Fund, the Netherlands Embassy, the Norwegian government, and various global health corporations, none of which underwent legislative scrutiny or public consultation.
“An MoU is not a treaty. It is not legally binding and creates no enforceable obligations. These agreements are political or administrative understandings, not contracts,” Otieno said.
He highlighted that this practice has been ongoing for decades, allowing the Executive, mainly through the Ministry of Health, to engage with international actors directly.
The clarification comes amid discussions on transparency and oversight in Kenya’s international agreements.
While treaties require parliamentary ratification under Kenyan law, MoUs are treated differently, giving the government latitude to negotiate and sign technical or sectoral cooperation deals.
Kenya’s engagement with foreign health partners has historically focused on strengthening public health systems, funding medical programs, and addressing regional health challenges such as disease outbreaks.
By not requiring legislative approval, such agreements can be implemented swiftly, though some critics have previously raised concerns about accountability.
The latest framework with the United States aligns with broader strategic priorities in healthcare, including disease prevention, research collaboration, and capacity building.
According to Otieno, the agreement fits within the established legal framework governing non-binding MoUs, confirming that the Executive’s approach is consistent with longstanding practice.