High Court bar Ebola quarantine facility plans for US-exposed patient

The High Court has issued conservatory orders temporarily barring the establishment or operation of any Ebola-related quarantine, isolation, or treatment facility in Kenya under arrangements involving the United States government or any other foreign entity.

Justice P.M. Nyaundi certified the matter as urgent following a petition filed by Katiba Institute, which is challenging the legality and constitutionality of the proposed facility and the possible admission of Ebola-exposed persons into the country.

The judge ruled that public interest favoured the issuance of interim relief, citing claims of an imminent threat to life if the arrangements were allowed to proceed.

“The application is certified as urgent,” Justice Nyaundi stated in orders issued on May 28.

In the conservatory orders, the court restrained the State Law Office and other respondents from establishing, operationalising, approving, or facilitating any Ebola-related quarantine, isolation, or treatment facility in Kenya arising from any arrangement with the United States or any other foreign government or agency, pending the hearing of the application.

The court further barred government officials, agents, or any persons 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.

The petition, filed by Katiba Institute, argues that the proposed plan was developed secretly without parliamentary approval, public participation, or adequate health and environmental risk assessments.

The lobby group also claims the government has failed to disclose the terms of the agreement, raising concerns over transparency, accountability, and national sovereignty.

According to court filings, the application is supported by an affidavit sworn by Nora Mbagathi, who states that urgent judicial intervention was necessary to prevent potential harm before the matter is fully heard.

The court directed the petitioner to serve the respondents within 24 hours, while respondents were ordered to file responses within 48 hours of service.

Katiba Institute was granted leave to file a further affidavit within one day after receiving the responses. The matter will be mentioned on June 2, 2026, for further directions.

In its petition, Katiba Institute also seeks orders stopping any steps toward establishing or operating the facility under any arrangement with the United States or other foreign governments.

It further wants the court to bar the entry into Kenya of individuals exposed to or infected with Ebola under the proposed framework.

The lobby group argues that the arrangement appears linked to recent remarks by United States Secretary of State Marco Rubio, who emphasised that US foreign policy prioritises preventing the entry of Ebola into American territory.

It claims Kenya may have been identified as an alternative containment site, effectively externalising infectious disease management.

Katiba Institute maintains that such an arrangement exposes Kenya to significant public health, environmental, and security risks without constitutional safeguards.

It further argues that there is no evidence that environmental or health impact assessments were conducted before the proposal was advanced.

“The impugned arrangement is being undertaken in a manner that is not transparent and is devoid of constitutional accountability, public participation, parliamentary oversight, or full disclosure of its health, environmental, and security implications,” the petition states.

Through its lawyer, Malidzo Nyawa, the organisation argues that the case raises fundamental constitutional questions on the limits of executive authority in negotiating international agreements, particularly those with major public health implications.

At the centre of the dispute is whether the Executive can proceed with a bilateral arrangement that allegedly exposes the public to heightened health risks without parliamentary approval or compliance with the Treaty Making and Ratification Act.

Katiba Institute further contends that the government failed to disclose critical information to the public, including biosafety protocols, environmental studies, and procedures for handling Ebola cases.

It insists that public participation must be meaningful and not merely procedural.

“Such life-changing and public affairs matters must be subject to real, not illusory, public participation,” the petition adds.

The conservatory orders will remain in force pending an inter-partes hearing of the application.