Kenya’s Pharmacists and patient advocates are raising alarm over Kenya’s newly signed Comprehensive Economic Partnership Agreement (CEPA) with the United Arab Emirates, warning that the deal could push up the cost of medicines and weaken regulatory safeguards if Parliament approves it without key protections.
At a briefing in Nairobi, the Pharmaceutical Society of Kenya (PSK) and Non-Communicable Diseases Alliance Kenya (NCD Alliance Kenya) urged MPs to uphold two reservations already introduced to the agreement, arguing that removing them would expose the country to harmful trade provisions.
Dr Wairimu Mbogo PSK president said that Medicines are not ordinary commodities, and they must be regulated with great care, the health and safety of Kenyans must always come before commercial interests.
Dr Wairimu said that PSK has its reservations centering on two CEPA clauses, Article 2.13 on non-tariff measures and Article 13.33 on data exclusivity and patent linkage, urging that the provisions threaten both drug safety oversight and the affordability of essential medicines.
“Article 2.13 would restrict Kenya’s ability to impose regulatory checks on imported pharmaceuticals, potentially limiting the powers of the Pharmacy and Poisons Board (PPB),” she said adding that, “The second provision, Article 13.33, would introduce data exclusivity rules that delay the entry of cheaper generic medicines by up to five years, even after patents expire.”
Dr Domnick Karanja, PSK senior fellow described the clause as a “TRIPS-plus” measure that goes beyond international intellectual property requirements.
“Generics are the backbone of treatment for diseases like cancer, hypertension, and diabetes,” said Dr. Karanja. “Delaying their entry will make medicines unaffordable for ordinary Kenyans.”
Parliament’s Health and Trade Committees recently inserted reservations to shield Kenya from the impact of the two clauses. The move was widely welcomed by medical associations, patient groups, and pharmaceutical manufacturers.
However, PSK officials claim there are attempts to pressure lawmakers into reversing the protections.
“Reversing the reservations would increase medicine costs, undermine our regulatory authority, and expose Kenyans to unsafe health products,” Dr. Mbogo said.
PSK also warned that once CEPA is ratified, its provisions become part of Kenyan law under Articles 2(5) and 2(6) of the Constitution meaning they override any conflicting domestic legislation, including the PPB Act.
Dr. Catherine Karekezi, executive director of the NCD Alliance of Kenya said the impact would be immediate, particularly for those living with non-communicable diseases.
“NCDs account for 55 percent of hospital admissions and 42 percent of deaths,” said Dr Karekezi, “Many patients already skip treatment because medicines are expensive. Any further price increase will be devastating.”
NCD Alliance of Kenya represents more than 60 organizations working with patients living with chronic conditions.
Dr Wairimu further argued that CEPA’s exclusivity measures could undermine local pharmaceutical manufacturing, which government strategy identifies as a key economic pillar.
Limiting the entry of generics, She said, could reduce investment, trigger job losses, and heighten Kenya’s dependence on imports leaving the country vulnerable during health emergencies.
PSK and NCD Alliance of Kenya urged the government to publish the full text of the CEPA agreement for public scrutiny and protect intellectual property flexibilities that allow local production of affordable generic medicines.
The organizations also called for zero-rating pharmaceutical products and essential manufacturing inputs to keep treatment costs down.
“We stand ready to work with government, regulators, civil society, and international partners,” Dr Wairimu said adding that “ trade policy must support not undermine public health.”
