After a six month wait the High Court of Kenya today delivered judgment in a case seeking to hold the state accountable for the provision of information for the protection of health and life during the Covid-19 pandemic. In a disappointing turn of events, the Court struck out the Petition, finding that it lacked jurisdiction to grant the orders sought. The Court took the view that the Petitioners had not exhausted the mechanisms under the Access to Information Act, and therefore it had no jurisdiction to consider the prayers sought by the petitioners.
KELIN and 12 other petitioners had filed this case at the height of the COVID -19 pandemic, challenging the state failure to proactively provide information and respond to requests to information to secure the health and lives of Kenyans. Here is a complete overview of the petition.
As of the time of this release, the comprehensive judgment is yet to be made public. Nevertheless, KELIN and the petitioners are determined to appeal this decision and will meticulously analyze the judgment to formulate their arguments for the forthcoming appeal. This case remains emblematic of the ongoing struggle for access to information, transparency, and accountability during times of public health crises.
For more information, contact:
Nyokabi Njogu
Legal Counsel
Kenya Legal and Ethical Issues Network on HIV & AIDS (KELIN)
Kuwinda Lane, Karen C, off Langáta Road
Tel 0790 111578
