Kenya could be caught flat-footed by the next pandemic after talks to find a common framework for Africa and the rest of the world to manufacture and procure vaccines fell apart.
In the heart of Geneva, a city known for its diplomatic history, a crucial chapter in global health was unfolding last month. Representatives from 194 nations, including Kenya, gathered at the 77th World Health Assembly to negotiate a legally binding pandemic treaty - a groundbreaking initiative born from the hard-learned lessons of the Covid-19 crisis.
The goal was ambitious yet vital: to create a framework that would ensure equitable access to vaccines, treatments, and technologies during future pandemics.
But on May 24, these high-stakes negotiations hit a roadblock. Despite over two years of detailed drafting and broad support for much of the treaty, the talks collapsed over unresolved issues, particularly those concerning national interests and intellectual property rights.
For Kenya and many other developing nations, this breakdown is more than a diplomatic disappointment - it highlights the vulnerabilities exposed during the Covid-19 pandemic. The proposed treaty sought to address the stark inequities that emerged during the global health crisis. While wealthy countries rolled out booster shots, many poorer nations, including Kenya, struggled to obtain even initial vaccine doses. The results were devastating, with over a million lives lost, disproportionately affecting disadvantaged populations.
Reflecting on the challenging period, Kenya’s Health Deputy Director General, Hadley Sultani Matendechero, spoke following the member states’ failure to reach an agreement by the deadline.
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“It was a very desperate situation,” he said. “[Vaccines] in our minds were the only antidote to this catastrophe, but we were not able to access them.”
His words sum up the frustration and helplessness felt by many in the Global South as they watched the pandemic ravage their communities.
The draft treaty sought to rectify these imbalances with several bold proposals. One key provision would have required the World Health Organisation (WHO) to receive 20 per cent of all pandemic-related products for distribution to disadvantaged countries. Another would have mandated transparency, compelling countries to disclose any deals with private vaccine manufacturers. Perhaps most significantly, it proposed establishing a common fund to support low- and middle-income countries.
Yet, despite broad acceptance of most of the draft, disagreements over critical issues derailed the talks. Countries struggled to find common ground on sharing information about new pathogens and the technologies used to combat them.
Disputes over intellectual property rights - a contentious issue during the Covid-19 vaccine rollout - also played a huge role in the collapse of negotiations.
The failure to secure the agreement is seen in Kenya as a missed opportunity to ensure equitable access to life-saving resources in future health crises.
Kenya’s Health Cabinet Secretary, Susan Nakhumicha, also expressed the country’s commitment during her presentation at the WHA meeting. “I wish to reiterate Kenya’s support for the conclusion of negotiations on the Pandemic Agreement and International Health Regulations,” she said.
But not all Kenyan voices are united in this stance. Civil society organizations have criticised the treaty’s direction. The African group of civil society organisations opposed an early draft, arguing it did not sufficiently prioritise equitable vaccine distribution or address technology transfers needed to boost regional production capabilities.