AfriPulse
The High Court dealt the government another major setback after it issued conservatory orders blocking the establishment or operation of any Ebola exposure, quarantine, isolation, or treatment facility in Kenya under any arrangement involving the United States or any other foreign entity.
“Since the respondents are not in court, it is ordered that pending the hearing and determination of the petition, orders will issue in terms of prayers F, H and I…,” the court stated.
In orders issued Tuesday morning, the court acted after the attorney general failed to appear in the case filed by Katiba Institute. The court granted the orders while it hears and determines a petition challenging the alleged plan. It restrained the government and its agencies from establishing, operationalizing, facilitating, approving, or permitting the creation of any such facility in Kenya.
The court also ordered the second respondent to provide the petitioner and the public with all details specified in the notice of motion.
In addition, the court barred the government from admitting into Kenya, receiving, transferring, or helping to bring in people who have been exposed to or infected with Ebola under the contested arrangement with the United States or any other foreign government.
Katiba Institute lawyer Nyawa Malidzo told the court during the case mention that the institute had been denied access to the site. He urged the court to take steps to address the situation.
Nyawa said Katiba Institute tried to visit the location, but the authorities blocked access, which prevented the institute from verifying whether the court’s conservatory orders were being followed.
“There are reports that construction is ongoing,” the court heard. Malidzo argued that the court should compel the parties involved to appear and provide an update on activities at the site.
He also criticized the absence of the Attorney-General from the proceedings, saying that although the office serves as the government’s principal legal adviser, it failed to attend court.
“It is disappointing that the Attorney-General, who is the principal legal adviser to the government, has decided to ignore the court proceedings,” Malidzo told the court.
In a further blow to the State, the court ordered the respondents to disclose and make public details relating to the proposed facility.
The government must share with the petitioner and the public the full terms of any agreement, memorandum, arrangement, or negotiations connected to the planned facility.
The court also required the disclosure of any public health, environmental, biosafety, or security assessments carried out for the project, as well as any approvals obtained from Parliament, relevant regulatory bodies, or county governments.
In addition, the respondents must provide details of the protocols intended to guide the admission, handling, isolation, and treatment of people exposed to Ebola.
The court said the orders will stay in effect until it holds and completes the inter partes hearing and determines the petition.
Source: NairobiWire.com | Read the Full Story…
