The Lower Eastern Times Opening The Third Eye
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The High Court has temporarily stopped the establishment and operation of any Ebola-related quarantine or treatment facility in Kenya linked to arrangements with the United States or any other foreign government or agency.
The conservatory orders were issued after governance lobby Katiba Institute filed a petition challenging the alleged plans.
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Justice Patricia Mande ruled that the respondents are barred from establishing, facilitating, approving, or allowing the operation of any Ebola exposure, quarantine, isolation, or treatment facility in Kenya under any foreign arrangement until the case is heard and determined.
The court also prohibited the respondents, their agents, officers, or anyone acting under their authority from admitting, transferring, receiving, or facilitating the entry into Kenya of individuals exposed to or infected with Ebola under the disputed arrangement pending the hearing of the case.
Katiba Institute sued the Attorney General and the Cabinet Secretary for Health, seeking urgent court intervention over what it described as a proposed but undisclosed agreement between the Kenyan government and foreign partners concerning Ebola containment facilities.
According to the institute, credible media reports indicated that advanced discussions were underway to establish a facility in Kenya that could host people exposed to or infected with Ebola and other highly contagious diseases, potentially as part of a broader international containment strategy.
In an affidavit sworn by Nora Mbagathi, the petitioner argued that the alleged arrangement raises major constitutional, legal, and public health concerns.
Katiba Institute claimed the process lacks transparency, constitutional accountability, public participation, parliamentary oversight, and proper disclosure of the health, environmental, and security implications involved.
The institute further argued that the absence of public engagement and disclosure violates constitutional principles of openness and accountability, especially on matters touching on public health and international cooperation.
It also warned that the plan could effectively turn Kenya into an “offshore quarantine hub” for foreign countries, raising concerns over national sovereignty and the country’s preparedness to safely handle highly infectious diseases such as Ebola.
Court documents noted that Ebola Virus Disease is classified by the World Health Organisation as a highly infectious and often deadly disease that requires the highest biosafety containment measures.
Katiba Institute argued that handling Ebola requires Biosafety Level 4 (BSL-4) facilities, which are specifically designed for dangerous pathogens. However, it maintained that Kenya’s laboratory infrastructure is largely limited to BSL-1 and BSL-2 facilities, with only limited BSL-3 capacity, which it says is inadequate for managing Ebola-related risks safely.
The petitioner warned that this gap in preparedness could expose health workers, nearby communities, and the general public to serious risks in the event of an accidental exposure, breach, or outbreak.
The petition also questioned whether environmental impact assessments, biosafety evaluations, or parliamentary approvals had been conducted before the reported talks with foreign partners.
Additionally, Katiba Institute argued that secrecy surrounding the alleged arrangement undermines constitutional rights to access information and public participation, particularly on matters affecting public health and national security.
Justice Mande directed that the case be mentioned on June 2, 2026, for further directions.
