MOH Given Last Warning to Respond to Vaccine Graft Case

On 11th May, 2022 Petition E063 of 2021 was scheduled for a mention before Justice Ong’udi for directions on filing of submissions. The Petitioners were present as well as the Interested party- Commission on Administrative Justice however the Counsel for the Attorney General

(Respondents) was not present before the court.

Given the lack of response from the Respondents, Justice Ong’udi instructed the parties to file their responses within 21 days as a last warning. In that regard, the matter was scheduled for a mention on 19th July, 2022 for compliance and further directions.

The Petition has faced great delay following numerous postponements given the failure by the Respondents to respond to the matter. The petition was filed to compel the Ministry of Health to hold the State, accountable for funds received from the Global Alliance for Vaccines Immunization (GAVI) to support the Kenya Expanded Programme of Immunisation (KEPI) in the period 1st July 2009 and 30th June 2015.

KELIN (the only Petitioner in the matter) and other civil society partners requested information on the misappropriation of these funds but these requests were not responded to in accordance with the law in under Article 35 of the Constitution and the Access to Information Act, 2016. The Petitioners also seek to underscore the continued failure of the Commission on Administrative Justice failure to set norms and standards on access to information. This failure has resulted in the government wilfully ignoring requests from Kenyans.

The Petitioners look forward to finally highlighting the submissions in order to allow the High Court to pronounce itself on the importance of access to information in management of public funds.

To contribute to the discussions on this forum, follow KELIN on our social media platforms: Twitter: @KELINkenya using the hashtag: #RightToInfoKe

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: +254 020 2515790

Office Mobile: +254710261408/+254751292520vnjogu@kelinkenya.org