Katiba Institute secures Court orders barring proposed U.S-Kenya linked Ebola quarantine facility

NAIROBI, Kenya, May 29 – The High Court has suspended the proposed U.S. linked Ebola quarantine facility in Laikipia County, issuing conservatory orders that halt the project pending determination of a case filed by Katiba Institute and the Law Society of Kenya.

The Court certified the application as urgent and granted interim conservatory orders restraining the Respondents from establishing, operationalising, approving, or facilitating any Ebola exposure, quarantine, isolation, or treatment facility in Kenya under any arrangement with the United States or any other foreign government or agency, pending the hearing of the application.

The Court further barred the Respondents from admitting into, transferring to, receiving within, or facilitating the entry into Kenya of any persons exposed to or infected with Ebola pursuant to the impugned arrangement.

The petition, through Counsel Joshua Malidzo, filed under a certificate of urgency. brought against the Attorney-General, (1st Respondent) and the Cabinet Secretary for the Ministry of Health (2nd Respondent).

To ensure transparency, accountability, and court oversight before a final determination is made, Katiba Institute asked the Court to urgently: 

Halt Facility Operations: Restrain the Respondents from establishing, operationalizing, or approving any Ebola quarantine or treatment facility in Kenya under any arrangement with the United States or other foreign governments, pending the hearing and determination of the matter.

Prevent Entry of Exposed Persons: Bar the Respondents and their agents from receiving, transferring, or facilitating the entry into Kenya of any individuals exposed or infected with Ebola under the impugned arrangement.

Compel Contingency Planning: Require the Cabinet Secretary for Health to prepare and present to the Court, within 24 hours, a comprehensive contingency plan detailing Kenya’s preparedness measures for the prevention, surveillance, control, and response to any potential Ebola outbreak. 

Mandate Full Disclosure: Compel the Respondents to disclose to KI and the public the full terms for any arrangements or negotiations regarding the proposed facility.

This includes all related public health, environmental, biosafety, or security assessments; regulatory and parliamentary approvals; and the specific protocols for the admission and treatment of exposed persons.

The case affirms that even in matters of diplomacy and public health, the Constitution remains supreme and binding on all State organs.

The secretive, unilateral establishment of an Ebola quarantine facility raises grave constitutional concerns regarding the rights to life, health, fair administrative action, public participation and parliamentary oversight. 

“KI is asking the Court to determine whether the Executive can expose the public to such significant risks without complying with constitutional safeguards”.

“At its core, the case is about preserving constitutional accountability, protecting public health, and ensuring that no government may place expediency above the lives and safety of the people of Kenya”, stated Nora Mbagathi, Executive Director, Katiba Institute. 

The matter is scheduled for mention on 2nd June 2026 for further directions.