The Comprehensive Economic Partnership Agreement (CEPA) signed between Kenya and the UAE on January 14, 2025, has raised significant concerns, particularly for Kenya’s health sector. While the agreement aims to enhance trade and investment, it includes provisions that could exacerbate the country’s already strained healthcare system, particularly in the context of high disease burdens like HIV/AIDS, tuberculosis (TB), and cancer.
Kenya faces immense challenges with these diseases. Over 1.4 million people are living with HIV/AIDS, and the country reports around 18,000 HIV/AIDS-related deaths annually. Tuberculosis remains a major issue, with over 133,000 new cases each year, including 1,200 cases of drug-resistant TB. Cancer, too, is on the rise, with an estimated 42,000 new cases annually, resulting in 27,000 deaths.
The cost of treating these diseases is staggering. For instance, cancer treatment in Kenya can be prohibitively expensive, with chemotherapy drugs costing between Ksh.5,000 and Ksh.500,000 per dose. Many of these costs are currently subsidized by the government, but with fiscal constraints and reduced international aid, such as the cancellation of the PEPFAR program, the situation is dire.
The CEPA, however, could worsen this scenario. The agreement includes clauses on market exclusivity and hard linkage for medicines, which would prevent the approval of generic drugs for five years even if no patent exists. This could make vital medicines, including cancer drugs, more expensive for Kenyan patients. For example, similar provisions in Colombia led to an additional $396 million in public health expenses over two decades.
Given the constitutional guarantee of the right to health in Kenya, the legislature must scrutinize this agreement closely. The Parliamentary Caucus on Business and the Economy, which previously intervened in the Kenya/UK Economic Partnership Agreement, should propose amendments to the CEPA to safeguard public health. Specifically, provisions that go beyond the TRIPS Agreement, such as market exclusivity, should be removed to prevent further burdens on Kenya’s health system.
In conclusion, while trade agreements are important for economic growth, Kenya must ensure that its health sector and citizens’ access to affordable healthcare are not compromised.
