Today, 8th May 2023, the court allowed the Attorney General an additional fourteen days to file its submissions in Petition E063 of 2021. This is a case filed by KELIN against the Ministry of Health asking the court to direct it account for the loss of funds received from the Global Alliance for Vaccines Immunization (GAVI) intended to support the Kenya Expanded Programme of Immunisation (KEPI).
The case had come up to confirm filing of submissions by Attorney General and to take further directions for hearing of the parties’ arguments. However, the Ministry of Health, through its legal representative the Attorney General, indicated that it had not yet filed its submissions and requested more time to do so. Despite KELIN noting to the Court that the Attorney General had on previous occasions failed to comply with court directions on filing of responses and submissions, the Court nonetheless allowed filing of additional documents by 23rd May 2023.
The parties will return to court on that date to confirm that the Attorney General has complied and receive directions for hearing.
KELIN (the only Petitioner in the matter) and other civil society partners requested information on the misappropriation of the funds but these requests were not responded to in accordance with the law under Article 35 of the Constitution and the Access to Information Act, 2016.[1] The Petitioner seeks various orders geared towards fostering accountability in the utilisation of public finds within the Ministry of Health.
This determination of this petition shall be a critical first step towards holding the government, through the Ministry of Health, accountable in the use of funds intended to provide essential health services to the public. KELIN has previously highlighted[2] that corruption in the health sector has become endemic, and currently undermines the realization of the right to the highest attainable standard of health and are disappointed that the Ministry of Health and the Attorney General have neglected to abide by their constitutional obligation to abide by court directions.
To contribute to the discussions on this forum, follow KELIN on our social media platforms: Twitter: @KELINkenya using the hashtag: #RightToInfoKe #justice2health
Facebook: http://www.facebook.com/kelinkenya
For more information, contact:
Nyokabi Njogu
Advocate for the Petitioner
Kuwinda Lane, off Lang’ata Road, Karen C
P.O. Box 112 – 00202 KNH Nairobi
Tel: +254 790 111 578
[1] See https://www.gavi.org/sites/default/files/audit/pa/Audit%20report%20Kenya%20-%20May%202016.pdf.
[2] https://www.kelinkenya.org/wp-content/uploads/2020/09/Open-Letter-on-Corruption-in-Health-Sector_Delivered-copy_21092020.pdf
