Katiba Institute has rushed to the Milimani High Court seeking urgent orders to block the Kenyan government from establishing a quarantine facility for American citizens exposed to Ebola and other deadly infectious diseases on Kenyan soil.
The petition, filed under a certificate of urgency through counsel Joshua Malidzo on Thursday, May 28, names Attorney-General Dorcas Oduor and Cabinet Secretary for Health Aden Duale as respondents, with KELIN Kenya listed as an interested party.
The case follows credible media reports that Kenya and the United States are in advanced discussions to establish a quarantine and treatment centre in Kenya for American nationals exposed to the Ebola virus — a plan that President Donald Trump reportedly directed his health officials to make operational within a week.
“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,” Katiba Institute stated.
Among its key demands, the institute is asking the court to immediately halt the establishment or operationalisation of any Ebola-related facility under any foreign arrangement, bar the entry of exposed or infected persons into Kenya, and compel the Ministry of Health to submit a comprehensive emergency preparedness plan to the court within 24 hours.
The petition also raises sharp concerns over Kenya’s laboratory capacity. The country currently operates only Biosafety Level 1 to 3 facilities, with just three BSL-3 labs, and has no BSL-4 facility — the highest classification required for safely managing diseases like Ebola. This gap, Katiba Institute argues, leaves both citizens and healthcare workers dangerously exposed.
Beyond the health risks, the institute warns that the arrangement was negotiated without public participation, parliamentary oversight, or any disclosed environmental or biosafety impact assessment — a direct violation of Kenya’s Constitution. The institute cites the High Court’s intervention during the Covid-19 pandemic as precedent for judicial action to safeguard public health and constitutional rights.
Katiba Institute warns that if the court does not act urgently, Kenya risks being permanently positioned as an offshore quarantine centre for foreign states, with potentially irreversible consequences for its people.
