BY SAM ALFAN.
The government says an activist seeking the fast-tracking of appeal challenging Kenya’s bid to ratify the Pandemic Treaty and the intended Amendments to the International Health Regulations, has not shown the urgency of the matter.
In response to the application by Joseph Aura, Attorney General Justin Muturi said the activist has not demonstrated to the court the circumstances of the urgency and why the matter should be prioritized.
In the application supported by the Ministry of Health, Muturi said Aura has also failed to explain to the court why he has omitted to pursue his application seeking similar orders before the High Court.
This is despite filing a similar application in the high court and state is a party, Muturi said.
“The urgency in our view is not justifiable,” says Victor Ojiombo for attorney General.
Ojiambo submitted that the totality of the circumstances of the case lacks merits for the issuance of the orders sought.
The state submitted that the treaty is still at the initial stages of the treaty making process.
“It is the Respondents Humble Submission that the Principles for issuance of a Conservatory orders are not well settled. The first Principle is that the Applicant must first satisfy to this Honourable Court is that they should have an arguable appeal,” says Attorney General.
Ojiambo further argues that the Human rights activist has failed to satisfy to the court that they have an arguable appeal.
In his application through lawyer Harrison Kinyanjui, Aura urged the appellate court to issue a conservatory order prohibiting the state, by themselves, their servants, emissaries or agents, from signing, endorsing, acceding to, ratifying, or committing Kenya in any way or to give effect to the Pandemic Treaty and the amendments to the International Health Regulations and any aspect.
He is apprehensive that this might happen during the 77th World Health Assembly meeting in Geneva, Switzerland between 27th May 2024 and 1st June 2024.
He claimed that the instruments were negotiated in deep secrecy (with the document to be ratified being availed to the public only on when replying to him on April 24, 2024), which contains unconstitutional provisions and in sum would be inimical to Kenya’s Sovereignty.
