Former Law Society of Kenya (LSK) President Faith Odhiambo has heavily criticized the government following the Ministry of Health’s recent presentation in Parliament regarding the management of an Ebola-related facility.
Her remarks come amid rising concerns over constitutional compliance and executive accountability in handling public health emergencies.
The statement follows an appearance by Health CS Aden Duale before lawmakers, where he reportedly failed to guarantee that state decisions regarding the Ebola question align with legal boundaries.
Odhiambo warned that the executive branch appears to be positioning itself to bypass judicial oversight, undermining the rule of law.
“Listening to him, the message is clear, the court will have its say but the executive will enforce their way,” Odhiambo stated, highlighting a worrying trend of state defiance against the judiciary.
Constitutionalism and Court Orders Under Threat
At the centre of the dispute are existing conservatory orders issued by the High Court, which officially suspended operations at the designated Ebola-related facility.
Odhiambo noted that any executive attempt to press forward despite the court’s halt transforms legal compliance into an empty political catchphrase.
She emphasized that constitutional obedience cannot be treated as an optional measure or sacrificed for administrative convenience.
The former LSK President demanded immediate transparency from state officials regarding the management of the health crisis, asking who authorized the current arrangements, what legal framework supports them, and what safeguards exist to protect national sovereignty and public safety.
Sidestepping these questions, she argued, actively erodes trust in both the Ministry of Health and Parliament’s oversight capacities.
Odhiambo maintained that the state cannot genuinely protect or promote public health while simultaneously tearing down the legal structures meant to shield citizens from arbitrary executive overreach.
