The High Court in Nairobi has temporarily halted plans to establish Ebola-related treatment or quarantine facilities in Kenya under arrangements involving foreign governments, in a case filed by the Katiba Institute.
In orders issued on May 28, 2026, Justice Patricia Nyaundi of the Milimani High Court certified the matter as urgent and granted interim conservatory orders halting any such plans pending further court hearings.
The case pits the Katiba Institute against the State Law Office, with the petitioner arguing that there is a potential threat to life if such measures are implemented without proper safeguards.
“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,” the Judge ruled.
Court Halts Ebola-Related Plans
The ruling effectively bars the government and its agents from establishing, operating, approving, facilitating, or permitting any facility for Ebola exposure, quarantine, isolation, or treatment in Kenya.
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The order applies to any arrangement involving the United States of America or any other foreign government or agency.
It further restrains the respondents from admitting into Kenya, transferring, receiving, or facilitating the entry of any persons exposed to or infected with Ebola under the contested arrangement.
Justice Nyaundi noted that the petitioner had raised concerns about an imminent threat to life and ruled that the public interest favored granting the interim orders while the case is being heard.
The application was supported by an affidavit sworn by Nora Mbagathi, which formed part of the urgent plea that prompted the court’s early intervention.
The Court insisted that the orders will remain in force pending the inter-parties hearing of the application.
Urgent Timelines Set by Court
The court directed that the petitioner serve the notice of motion and petition on the respondents within 24 hours.
In turn, the respondents, including the State Law Office, were ordered to file their responses within 48 hours of being served.
The petitioner was also granted leave to file a further affidavit within one day after receiving the responses.
The ruling comes amid heightened sensitivity over public health safety and international cooperation, especially involving highly infectious diseases such as Ebola.
The conservatory orders now effectively freeze any government action related to the alleged arrangement until the court determines the plan’s legality and implications.
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A penal notice was also issued by the court, warning that any disobedience or failure to comply with the orders would result in legal consequences.
“Take notice that any disobedience or non-observance of the order of the court served herewith will result in penal consequences to you and any other person(s) disobeying and not observing the same,”the court stated.
President Ruto’s Stance
President William Ruto has defended the planned establishment of a United States‑backed Ebola quarantine facility in Kenya, saying it is part of a long‑standing health partnership between the two countries.
Speaking at a media roundtable on Monday, Ruto confirmed that he personally approved the plan after a request from US President Donald Trump, describing it as a continuation of decades of cooperation on public health programs, including HIV/AIDS, Ebola, and Covid‑19.
Ruto dismissed concerns over safety, insisting the facility is not unusual and is similar to others already operating in the country as part of preparedness measures.
He said Kenya has strengthened its surveillance, isolation and treatment capacity across at least 23 counties to handle any potential outbreak.
The President also urged Kenyans to remain calm, maintaining that the government understands the risks and is acting responsibly to protect public health.
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