Appearing before the court, lawyer Malidzo Nyawa told the judge that Katiba Institute had attempted to access the location but was prevented from doing so, making it impossible to confirm whether the conservatory orders issued by the court were being obeyed.
“There are reports that construction is ongoing” court heard
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 operationalisation of any such facilities pending the hearing and determination of the case.
