Nairobi, September 22, 2023 – In a significant legal triumph, the High Court of Kenya in Nairobi, presided over by Justice Mugambi, has upheld the right to access information in matters of public health. This landmark judgment was delivered on Friday in response to a case brought forward by KELIN against the Ministry of Health. KELIN sought a court directive compelling the Ministry to account for funds received from the Global Alliance for Vaccines Immunization (GAVI), which were designated to support child immunization under the Kenya Expanded Programme of Immunisation (KEPI).
KELIN, along with various civil society partners, had initially sought information regarding the utilization of these funds, but their requests went unanswered. This lack of transparency prompted KELIN to seek legal intervention, citing violations of Article 35 of the Constitution and the Access to Information Act of 2016. The High Court has granted KELIN’s petition in its entirety, mandating the Ministry of Health to promptly disclose the requested information outlined in their letter dated September 17, 2018.
The court’s decision hinged on four main points of consideration. Firstly, it examined KELIN’s eligibility to request this information and determined that both the Access to Information Act and the Constitution permitted a wide range of individuals, including legal entities, to seek information from the government. Secondly, as the KEPI Programme operates under the Ministry of Health, the court held the Ministry responsible for ensuring public access to relevant information.
Thirdly, the court scrutinized the Ministry of Health’s conduct regarding public accountability for the health program’s funds. It found that the Ministry had exhibited deliberate resistance in providing transparent information, contrary to its legal obligation. Consequently, the court ruled that this conduct constituted a violation of the Access to Information Act and Article 35 of the Constitution, thereby ordering the Ministry to release the requested data without delay.
This determination of this petition is 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[1] that corruption in the health sector has become endemic, and currently undermines the realization of the right to the highest attainable standard of health.
As at the time of this press release, the full text of the judgment is pending release to the public.
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] https://www.kelinkenya.org/wp-content/uploads/2020/09/Open-Letter-on-Corruption-in-Health-Sector_Delivered-copy_21092020.pdf
