Katiba Institute has told the High Court that its officials were denied access to a site in Laikipia allegedly earmarked for the construction of Ebola quarantine and treatment facilities, raising concerns over possible non-compliance with existing court orders.
Appearing before the court, lawyer Malidzo Nyawa said Katiba Institute had attempted to inspect the site to verify whether conservatory orders issued by the court were being observed but was prevented from accessing the premises. Nyawa informed the court that there were reports suggesting construction activities may still be ongoing at the site despite the orders barring the establishment or operationalisation of any Ebola exposure, quarantine, isolation or treatment facilities pending the determination of the case.
He urged the court to compel all parties involved to appear and provide a status update on developments in Laikipia, arguing that they were best placed to explain what was happening on the ground.
“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,” Nyawa submitted.
The lawyer further called on the court to take proactive measures to safeguard the authority of its orders and ensure compliance by all parties. Nyawa also criticized the absence of the Attorney-General from the proceedings, saying it was concerning that the government’s principal legal adviser had failed to attend court in a matter of significant public interest.
“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 petition challenges alleged government plans to establish Ebola-related quarantine, isolation and treatment facilities in Kenya under arrangements involving foreign governments. The High Court had earlier issued conservatory orders temporarily barring the establishment or operationalisation of any such facilities pending the hearing and determination of the case.
The matter is scheduled for further directions as the court considers concerns raised over compliance with its orders.
