File image of the Milimani law courts
The High Court has issued conservatory orders temporarily stopping the proposed establishment of a U.S.-linked Ebola quarantine, isolation, and treatment facility in Kenya.
Justice Patricia Mande Nyaundi barred the government from establishing, operationalising, facilitating, approving, or permitting any Ebola exposure, quarantine, isolation, or treatment facility linked to any arrangement involving the United States government or any foreign agency.
The High Court Judge also restrained the government from admitting into Kenya, transferring, receiving within the country, or facilitating the entry of persons exposed to or infected with Ebola under the contested arrangement.
Justice Nyaundi issued the conservatory orders following a petition filed by the Katiba Institute which argued that the alleged arrangement posed an imminent threat to life and public safety if implemented.
“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,” read part of the order.
The High Court directed the petitioner to serve the notice of motion and the Petition within 24 hours, while ordering the respondents to file. The matter will be mentioned on June 2, 2026, for further directions.
The Katiba Institute moved to court on Thursday to challenge the establishment of the Ebola quarantine facility in Kenya.
The petition, which Joshua Malidzo filed under a certificate of urgency, was brought against the Attorney-General (1st Respondent) and the Cabinet Secretary for the Ministry of Health (2nd Respondent).
The petition raised concerns over the absence of publicly available information on whether environmental impact assessments, biosafety evaluations, or parliamentary approvals have been undertaken before the reported discussions with foreign partners.
“Katiba Institute 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,” Nora Mbagathi, Executive Director, Katiba Institute, said.
