A Kenyan minister has been found in contempt of court after refusing to comply with orders to release documents linked to a US-backed Ebola research centre. The ruling, delivered this morning at the High Court in Nairobi, has sent shockwaves through diplomatic circles, with British officials privately expressing grave concern over the implications for transparency and governance.
The case revolves around a Sh15 billion facility funded by the US Centers for Disease Control and Prevention (CDC), built in the remote border town of Mandera. The centre, operational since 2018, was intended to be a frontline defence against the spread of Ebola in East Africa. But questions have long swirled around its funding, land acquisition, and the hundreds of millions in taxpayer money that passed through the Ministry of Health.
The minister in question, whose identity remains protected under a court gagging order, was ordered last month to produce contracts, tender documents, and environmental impact assessments. Instead, his legal team filed a series of procedural objections, prompting the judge to rule that the minister had deliberately obstructed the court. A senior source at the British High Commission, speaking on condition of anonymity, told this newspaper: 'This is deeply troubling. Our own oversight mechanisms depend on a functioning judiciary. If a minister can simply ignore a court order, then the entire system is compromised.'
Documents obtained by The Standard, leaked from within the ministry, reveal that the land for the centre was acquired through a shell company registered in the Seychelles. The lease agreement, signed by a former permanent secretary, grants the company exclusive rights to the facility for 99 years. It also includes a clause stipulating that any dispute 'shall be resolved through confidential arbitration in London.' British diplomats have confirmed they were unaware of this arrangement.
'It's a classic off-balance-sheet trick,' said a forensic accountant who reviewed the documents for this newspaper. 'The government put the land in, the US put up the building, and a private company owned by unknown parties holds the keys. That is not a partnership. That is a lease. And it means the Kenyan taxpayer has zero ownership of a facility they funded.'
The contempt ruling came just hours before the US Assistant Secretary for Global Health, Dr Loyce Pace, was due to arrive in Nairobi for talks on pandemic preparedness. Her visit now faces an uncertain agenda. Meanwhile, the British Foreign Office has issued a statement saying it is 'following developments closely' and expects 'full respect for the rule of law.'
This reporter has seen correspondence between the Kenyan Attorney General and the British High Commission, in which the British side requests an explanation. The reply, dated 10 days ago, is a single sentence: 'The matter is sub judice.' That stonewalling is unlikely to satisfy the Treasury, which is believed to have contributed £20 million to the centre through the Department for International Development.
The judge has given the minister 72 hours to purge the contempt. If he fails, an arrest warrant will be issued. That would be a seismic event for President William Ruto's administration, which has promised to fight corruption. But behind the scenes, the money trail goes deep. The shell company in Seychelles has its accounts held at a Swiss private bank. The beneficial owners are listed as a trust in the British Virgin Islands.
'This is not just about a building in Mandera,' said a former Kenyan anti-corruption official who now works for an international watchdog. 'This is about how Western aid money actually flows. The so-called partners are the ones profiting.'
British diplomats are right to be concerned. If a minister can defy a court order, then every bilateral agreement is built on sand.
