LSK, Katiba Institute seek court-ordered tour of Laikipia Airbase over Ebola facility construction

The request was made before Justice Patricia Nyaundi during proceedings in a case where the two organisations are seeking to have Attorney General Dorcas Oduor and Health Cabinet Secretary Aden Duale cited for contempt of court over the alleged violation of orders halting the project.

Lawyer Kiragu Wathuta, appearing for the petitioners, told the court that a restricted and supervised visit to the military facility would enable the court and parties to establish whether construction activities had ceased as directed.

"The guided and restricted tour of the facility will assist in confirming compliance with the court's orders," Wathuta submitted.

The petitioners' lawyers, Wycliffe Oyoo and Jacjohn, argued that there are reports suggesting construction work has continued despite the court's intervention. They claimed that some American personnel linked to the project had already arrived in the country.

According to the lawyers, information attributed to an undisclosed United States official indicated that construction of the facility would proceed unless the agreement underpinning the project was terminated.

The petitioners also pointed to remarks made by Health CS Aden Duale before the National Assembly Health Committee and during media interviews, where he reportedly stated that the project would continue despite public opposition.

"Those statements amount to open defiance of a valid court order and form the basis of our application for contempt," the lawyers argued.

They further cited comments made by President William Ruto during a visit to Wajir, where he reportedly said that US President Donald Trump had requested Kenya to establish the Ebola quarantine facility and that Kenya had accepted the bilateral arrangement.

The petitioners faulted the Attorney General for allegedly failing to disclose details of the agreement between the Kenyan and US governments relating to the project.

However, lawyers representing Duale opposed the application, maintaining that the Health CS never suggested that the government would disregard a court order.

"What the Cabinet Secretary said was that the project would continue despite public outrage, not that the government would defy the court," counsel told the court.

The defence further argued that the petitioners had not produced any affidavit evidence proving that construction was ongoing and had instead relied on unverified media reports.

"There is no evidence before this court showing that the construction has continued in violation of the orders issued," the lawyer submitted.

Justice Nyaundi is expected to deliver a ruling on the application on June 22.