The High Court has once again handed the government a major setback by issuing conservatory orders that suspend the establishment and operation of any Ebola exposure, quarantine, isolation or treatment facilities in Kenya under agreements involving the United States government or any other foreign entity.
The court observed that the respondents were not present and proceeded to grant interim orders sought under prayers F, H, and I, pending the hearing and determination of the petition.
In orders issued this morning in the case brought by Katiba Institute, the court noted the absence of the Attorney General and granted conservatory relief. The orders restrain the government and its agencies from establishing, operationalizing, facilitating, approving, or permitting the establishment of the disputed facility pending the determination of the petition.
"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.
