Busia Senator Okiya Omtatah has urged the Court of Appeal to dismiss a State application seeking to suspend High Court orders that halted the implementation of the US-Kenya Health Cooperation Framework.
In submissions opposing the application by Attorney General Dorcas Oduor and Health Cabinet Secretary Aden Duale, Omtatah argued that the State had failed to meet the legal threshold required to obtain a stay under appellate rules.
He maintained that the High Court orders were preservative and did not make final findings on the framework’s constitutionality, but merely safeguarded the petition pending full hearing.
Omtatah further said the agreement raises serious constitutional questions touching on public participation, parliamentary oversight, data protection, public finance management and devolution, which could suffer irreversible harm if implementation proceeds before determination.
