High Court demands full disclosure on controversial US-linked Ebola facility plan
File image of the Milimani Law Courts in Nairobi. PHOTO| COURTESY
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"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...." Court noted
In orders issued this morning after the Attorney General failed to appear in court in the case filed by Katiba Institute the court granted the orders pending the hearing and determination of a petition challenging the alleged plan, the court restrained the government and its agencies from establishing, operationalising, facilitating, approving, or permitting the establishment of any such facility in the country.
"The second respondent to furnish the Petitioner and the public with as set out in the notice of motion all those details," court ordered
The court further barred the government from admitting into Kenya, receiving, transferring, or facilitating the entry of persons exposed to or infected with Ebola pursuant to the contested arrangement with the United States or any foreign government.
Lawyer for Katiba Institute Nyawa Malidzo during the mention of the case had told the court that they were denied access to the site and urged the court to take measures.
In a further setback for the State, the court ordered the respondents to disclose and make public details relating to the proposed facility.
The government has been directed to furnish the petitioner and the public with the full terms of any agreement, memorandum, arrangement, or negotiations concerning the proposed facility.
The court also ordered the disclosure of any public health, environmental, biosafety, or security assessments undertaken in relation to the project, as well as any approvals obtained from Parliament, relevant regulatory agencies, or county governments.
Additionally, the respondents must provide details of the protocols intended to govern the admission, handling, isolation, and treatment of persons exposed to Ebola.
The orders will remain in force pending the inter-partes hearing and determination of the petition.

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