The High Court in Nairobi has issued conservatory orders restraining the Government from establishing or operationalizing any Ebola-related quarantine, isolation, or treatment facilities in Kenya under any arrangement with the United States of America or any other foreign government or agency.
In a ruling delivered on 28 May 2026 at the Milimani High Court, Justice P.M. Nyaundi certified the matter as urgent after considering a Notice of Motion filed by Katiba Institute together with a certificate of urgency and supporting affidavit sworn by Nora Mbagathi, Executive Director of Katiba Institute.
“A conservatory order is hereby issued restraining the Respondents from establishing, operationalizing, 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 ruling.
In the orders, the court specifically restrained the Respondents from establishing, approving, facilitating, or permitting any Ebola exposure, quarantine, isolation, or treatment facility in Kenya pursuant to any agreement with the United States or any foreign entity.
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The court further barred the Respondents, including their agents and officers, from admitting, transferring, receiving, or facilitating entry into Kenya of persons exposed to or infected with Ebola under the impugned arrangement, pending determination of the application.
Justice Nyaundi directed that the Petitioner serve the Notice of Motion and Petition within 24 hours, while the Respondents were ordered to file their responses within 48 hours of service.
The Petitioner was also granted leave to file a further affidavit within one day after receiving the responses.
The matter will be mentioned on June 2, 2026, where the court will give further directions.
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Katiba Institute Files Petition
On May 28, Katiba Institute filed a petition at the High Court challenging the proposed establishment of a quarantine and treatment facility in Kenya for American citizens exposed to Ebola and other highly infectious diseases.
The petition sought to halt the establishment, operationalization, or approval of any Ebola-related quarantine or treatment facility in Kenya under any arrangement with the United States or other foreign governments, pending the hearing and determination of the matter.
Katiba Institute also asked the court to bar the Respondents and their agents from receiving, transferring, or facilitating the entry into Kenya of persons exposed to or infected with Ebola under the impugned arrangement.
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In addition, the organization sought orders compelling the Health Cabinet Secretary to prepare and present a comprehensive contingency plan within 24 hours, outlining Kenya’s preparedness measures for prevention, surveillance, control, and response to any potential Ebola outbreak.
The petitioner further sought to compel full disclosure of any agreements or negotiations related to the proposed facility, including public health, environmental and biosafety assessments, regulatory and parliamentary approvals, and treatment protocols.
Katiba Institute argued that the proposed arrangement raised serious constitutional concerns regarding the rights to life, health, fair administrative action, public participation, and parliamentary oversight.
“The issue is whether the Executive can expose the public to such significant risks without complying with constitutional safeguards. At its core, this case is about preserving constitutional accountability and ensuring that no government places expediency above the lives and safety of Kenyans,” said Nora Mbagathi.
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