High Court Halts Proposed US-Linked Ebola Facility, Orders Government to Disclose Details
The court also ordered the government to disclose all agreements, assessments, approvals, and protocols related to the proposed facility. The conservatory orders will remain in force until the case is heard and determined.
File image of the Milimani Law Courts in Nairobi. Photo/Courtesy
By Ruth Sang
The High Court kinda stopped the plan, like it issued conservatory orders to freeze anything to do with an Ebola exposure , quarantine , isolation or treatment facility in Kenya , especially where the setup is connected with the United States government or any other outside entity .
This was another rough moment for the government, because the court said those orders stay put until the matter is properly heard and decided , in a petition that was brought by Katiba Institute , challenging what it called the alleged scheme .
In the ruling handed down on Tuesday morning, the court pointed out that the respondents , including the Attorney General, were simply not in court during the proceedings.
“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 prayer F, H and I.” the court said
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Basically, the orders stop the government and its agencies from establishing or operationalising, facilitating, approving, or even allowing the creation of any Ebola-related facility tied to the disputed arrangement.
The court also barred authorities from letting people in , or admitting , receiving, transferring, or enabling the entry into Kenya of individuals who are exposed to or infected with Ebola Virus Disease, under any agreement with the United States, or another foreign government, until the case is heard and determined.
During the hearing, lawyer Nyawa Malidzo, speaking for Katiba Institute, told the court that attempts to reach the proposed site had not worked, and he urged the judges to step in.
Then, in a further push, the court directed the government to put out broad and detailed information on the proposed facility, plus any related agreements.
“The second respondent to furnish the petitioner and the public with all those details as set out in the notice of motion,” the court ordered.
Among the materials expected to be shared are the full terms of any agreement , memorandum of understanding, arrangement, or even talks concerning the facility.
The court went further too, saying the respondents must also disclose whatever public health, environmental, biosafety and security assessments were done for the project, as well as any approvals secured from Parliament, regulatory bodies and relevant county governments.
Also, the government has to provide details of the protocols meant to guide how individuals exposed to Ebola will be received, handled, kept in isolation, and treated.
So yeah, the conservatory orders stay in force until the petition is heard and fully determined by the court.
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