A Milimani High Court has ordered the government to disclose the full agreement, memorandum, arrangement or negotiations relating to the setting up of the Ebola facility in Kenya by the United States of America (USA).

Judge Patricia Nyaundi has, on Tuesday, June 2, 2026, directed the State to furnish the petitioner (Katiba Institute) and the public with the agreement reached by pending the inter-parties hearing and determination of the petition filed.

Further, Judge Nyaundi has ordered the state to disclose to the public and Katiba Institute any public health, environmental, biosafety or security assessments undertaken in relation to the setting up of the quarantine facility.

The court has also compelled the government of Kenya to furnish the petitioner (Katiba Institute) and the public with any approvals obtained from Parliament, relevant regulatory agencies, or county governments on the Ebola facility set up.

In addition, the judge has also ordered the government to disclose the protocols intended to govern the admission, handling, isolation and treatment of exposed persons once the quarantine facility is set up.

The court has also extended orders issued on May 28, 2026, blocking the government and Cabinet Secretary for the Ministry of Health Aden Duale from allowing the entrance of persons infected with the Ebola disease into Kenya.

She has also extended the temporal order blocking the Kenyan government from setting up an Ebola quarantine facility with the help of the USA until a petition filed challenging the facility by the Katiba Institute is heard.

“The respondents (Attorney General and CS Ministry of Health Duale), having failed to file a response and not being present in court, it is ordered that pending the hearing and determination of the petition, orders will issue in terms of prayers F, H and I of the notice of motion dated May 28, 2026,” Judge Nyaundi ordered. 

Judge Nyaundi has ordered CS Duale to furnish Katiba Institute and the public with a detailed outline within seven days.

The court has also allowed the consolidation of a petition filed by the Law Society of Kenya (LSK) with the one filed first by Katiba Institute. 

The matter will be mentioned on June 23, 2026, to confirm compliance and for highlighting of submissions.