Court blocks transfer of Ebola-infected people into Kenya
By Zipporah Ngwatu, May 29, 2026A Nairobi High Court has issued an order blocking the government and the Ministry of Health Cabinet Secretary, Aden Duale, from allowing the entrance of persons infected with the Ebola disease into Kenya.
The conservatory order issued by Justice Nyaundi Patricia has also blocked the AG and the health CS, or their agents and persons under their authority, from arranging any transfer of the people infected with Ebola.
Judge Nyaundi’s order, issued on Thursday, May 28, 2026, also restrains the government and the Health CS from receiving and facilitating the exposed people into Kenya until the petition filed by the Katiba Institute is heard and determined.
“A conservatory order is issued restraining the respondents (AG and CS Duale), whether by themselves, their agents, officers, or any persons acting under their authority, from admitting into, transferring to, receiving within, or facilitating the entry into Kenya of persons exposed to or infected with Ebola,” Judge Nyaundi has ordered.
The court has also temporarily blocked the Kenyan government from setting up an Ebola quarantine facility with the help of the United States of America (USA) until a petition filed challenging the facility by the Katiba Institute is heard.
Petition filed
Katiba Institute filed a petition seeking orders blocking the Attorney General (AG) Dorcas Oduor and the Cabinet Secretary for the Ministry of Health, Aden Duale, listed as the respondents in the application, from setting up the facility for the highly severe and often fatal disease.
“A conservatory order is hereby issued restraining the respondents (AG Oduor and CS Duale) from establishing operational facilities or facilitating, approving, or permitting the establishment and 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 urgency pending the inter-parties hearing of the application,” Justice Nyaundi has ordered.
In the application, Katiba argues that the move by the government to set up the quarantine facility will expose citizens to avoidable loss of life and render these proceedings nugatory.
In addition, the petitioner avers that there was no public participation exercise carried out on the same, nor parliamentary oversight, nor full disclosure of its health, environmental, and security implications.
The matter will be mentioned on June 2, 2026, for further directions.