NAIROBI, Kenya Jun 2 — The High Court has maintained the status quo on the planned establishment of an Ebola exposure, quarantine, isolation, or treatment facility in Kenya, after the Attorney General failed to appear in court during proceedings.
In the ruling, the court granted conservatory orders effectively halting any steps toward the establishment or operationalisation of the facility under any arrangement with the United States government or other foreign entities.
The matter, filed by the Katiba Institute, challenges the legality and transparency of the proposed arrangement and raises concerns over public health, safety, and governance processes surrounding the project.
The court noted that due to the absence of the respondents in court, interim orders would be issued as sought in the application.
“Since the respondents are not in court it is ordered that pending the hearing and determination of the petition orders will issue…” the court stated.
As a result, the court restrained the government and its agencies from establishing, facilitating, approving, or operationalising any Ebola-related facility pending the hearing and determination of the petition.
The orders also bar the admission, transfer, or facilitation of entry into Kenya of persons exposed to or infected with Ebola under the contested arrangement.
Katiba Institute’s lawyer, Nyawa Malidzo, told the court during the mention that access to relevant information had been denied, urging the court to intervene and protect public interest.
The court further directed the government to disclose detailed information related to the proposed facility, including the full terms of any agreement, memorandum, or negotiations with foreign partners.
Additionally, the respondents were ordered to provide public health, environmental, biosafety, and security assessments conducted in relation to the project, as well as details of any approvals obtained from Parliament, regulatory bodies, or county governments.
The court also ordered disclosure of protocols intended to govern the handling, admission, isolation, and treatment of persons exposed to Ebola.
The conservatory orders will remain in force pending the inter-partes hearing and determination of the petition.
