The High Court has temporarily stopped the establishment and operationalisation of any Ebola-related quarantine, isolation, exposure or treatment facility in Kenya following an urgent petition filed by Katiba Institute.
The conservatory orders were issued amid growing public concern over reports that Kenya and the United States are engaged in discussions to establish facilities linked to handling Ebola exposure cases on Kenyan soil.
“A conservatory order is hereby issued restraining the Respondents from establishing, operationalising, facilitating, approving or permitting the establishment and/or operation of any Ebola exposure, quarantine, isolation or treatment facility in Kenya pursuant to any arrangement with the United States of America or any foreign government or agency pending the inter-parties hearing of this application,” Justice Patricia Mande ruled.
Katiba Institute moved to the Milimani High Court seeking to block the government from approving or permitting any Ebola quarantine or treatment centre connected to the United States or any other foreign government.
The Attorney-General and the Cabinet Secretary for Health have been named as respondents in the case, while KELIN Kenya has been listed as an interested party.
Katiba Institute Raises Constitutional Concerns
In its petition, the rights organisation argues that the proposed arrangement could effectively turn Kenya into an offshore quarantine centre for foreign states, raising serious constitutional, sovereignty and public health concerns.
Through lawyer Malidzo Nyawa, the institute told the court that there has been a lack of transparency, public participation and parliamentary oversight surrounding the alleged plans.
Katiba Institute is asking the court to halt any attempts to establish, operationalise or approve Ebola-related quarantine or treatment facilities until the matter is fully heard and determined.
The organisation is also seeking orders compelling the Ministry of Health to provide, within 24 hours, a detailed contingency plan outlining Kenya’s Ebola preparedness measures, surveillance systems, prevention mechanisms and emergency response strategies.
Additionally, the petition seeks public disclosure of any agreements, memoranda of understanding or negotiations relating to the proposed facilities. This includes environmental and biosafety assessments, parliamentary approvals, regulatory clearances and protocols on how exposed individuals would be handled and treated.
Questions Over Kenya’s Preparedness
Court documents supported by an affidavit sworn by Nora Mbagathi state that credible media reports suggest Kenya and the United States are in advanced talks regarding a quarantine facility intended for American citizens exposed to Ebola and other highly infectious diseases.
Katiba Institute argues that Kenya currently lacks the necessary infrastructure to safely manage a disease as dangerous as Ebola.
The petition notes that the country does not have a Biosafety Level 4 (BSL-4) laboratory — the highest classification required for handling highly infectious viruses such as Ebola.
According to the institute, Kenya currently operates Biosafety Level 1 to 3 laboratories, with only three BSL-3 facilities nationwide. It argues that this leaves the country vulnerable should an outbreak occur.
The petition also references previous High Court intervention during the Covid-19 pandemic in the case of Law Society of Kenya (LSK) & 7 others v Cabinet Secretary for Health & 8 others, arguing that the judiciary has previously acted to prevent constitutional and public health risks.
Katiba Institute warned that failure to urgently intervene could expose Kenyan citizens and healthcare workers to significant danger while undermining constitutional safeguards and public accountability.
Ruto, Rubio Discuss Ebola Preparedness
The court action comes shortly after President William Ruto held a phone conversation with United States Secretary of State Marco Rubio regarding Kenya’s preparedness efforts amid the ongoing Ebola outbreak in the region.
According to a statement released by the Office of the Spokesperson in the United States, the discussions focused on strengthening Kenya’s health systems, improving emergency response mechanisms and securing critical medical supplies.
“The Secretary and President Ruto discussed coordinated efforts to secure vital medical supplies for Kenya and ensure the strength and preparedness of Kenya’s health system,” the statement said.
The United States also announced plans to provide $13.5 million (approximately Sh1.7 billion) to support Kenya’s Ebola preparedness efforts.
“The United States’ highest priority remains protecting the health and security of the American people by working to prevent the Ebola outbreak from reaching our shores,” the statement said.
The funding is expected to enhance disease surveillance, emergency response systems, healthcare infrastructure and the acquisition of critical medical equipment and supplies.
Washington further revealed that it has already committed $112 million (Sh14.4 billion) toward the broader regional Ebola response across East Africa.
Both leaders agreed to maintain close coordination as the situation evolves.
“The two leaders agreed to maintain close coordination as the situation evolves and to continue leveraging the strong U.S.-Kenya health partnership that has proven essential in addressing public health challenges in Kenya and across East Africa,” the statement added.
Public Anxiety Growing
The developments have sparked widespread debate and anxiety among Kenyans, particularly on social media, where many questioned why Kenya would potentially host Ebola-related facilities while the United States seeks to prevent the disease from reaching its own territory.
The issue has also revived painful memories of the Covid-19 pandemic, during which many Kenyans criticised the government’s handling of public health measures and emergency preparedness.
Health experts continue to warn that Ebola remains one of the world’s deadliest infectious diseases due to its high fatality rate and rapid spread through contact with infected bodily fluids.
They have stressed that early preparedness, public awareness, rapid response systems and strong surveillance mechanisms remain critical in preventing a large-scale outbreak in the region.
