The High Court has been informed that representatives of Katiba Institute were prevented from accessing a site in Laikipia said to have been designated for Ebola quarantine and treatment facilities, thereby obstructing attempts to confirm whether court directives related to the matter had been complied with.
When the matter came up before the court, advocate Malidzo Nyawa informed the judge that the Katiba Institute had tried to reach the site but was barred from entry, leaving them unable to verify compliance with the court’s conservatory orders.
The court was also told that there were reports indicating that construction work was still continuing.
Malidzo argued that the parties involved in the matter should be compelled to appear before the court and provide an update on developments at the site.
"We were not allowed access to the site and therefore cannot confirm whether the court orders are being complied with or not.
The parties are necessary because they can brief the court on what is going on in Laikipia," he submitted.
He further urged the court to take a proactive approach to ensure that its directives are respected.
"The court needs to take a proactive step to ensure that its orders are complied with," Malidzo said.
The lawyer also criticized the Attorney-General's absence from the proceedings, noting that despite being the government's principal legal adviser, the office had 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," he told the court.
The case arises from a petition challenging alleged plans by the government to establish Ebola exposure, quarantine, isolation and treatment facilities in Kenya under arrangements with foreign governments. The court had earlier issued conservatory orders temporarily barring the establishment or operationalization of any such facilities pending the hearing and determination of the case.
