Busia Senator Okiya Omtatah has asked the Court of Appeal to dismiss an application by the Attorney General and the Health Cabinet Secretary to stay conservatory orders that suspended the implementation of the Kenya-USA Health Cooperation Framework. Omtatah argues that the applicants have failed to meet the legal threshold for relief, asserting that the intended appeal is neither arguable nor would it be rendered nugatory if denied.

• Omtatah maintains that the High Court ruling was interlocutory and merely preserved the status quo, raising serious constitutional questions.
• He challenged claims of urgency, stating that the Framework is a new arrangement, not an extension of existing health programs.
• Omtatah also argued that despite being labeled “non-binding,” the Framework imposes mandatory obligations, requiring parliamentary ratification.