Court temporarily halts govt plans to establish Kenya-US Ebola quarantine facility
By Zipporah Ngwatu, May 29, 2026Milimani High Court has 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.
The 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.
In issuing the conservatory orders, Lady Justice Nyaundi Patricia has also barred the government from establishing and approving the establishment of the Ebola quarantine facility in Kenya, either through the USA or any other foreign government or agency.
“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.
Duale restrained
Notably, the court has also barred the government and the Ministry of Health from allowing the entry or transfer of people infected with the Ebola disease into Kenya pursuant to the impugned arrangement with the government of the United States of America or any foreign entity pending the inter partes hearing.
“A conservatory order issue 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.
In the application, Katiba argued that there is a real and imminent danger that Kenya may be converted into an offshore quarantine centre for foreign states.
The petitioner noted that such a move to set up the facility will expose citizens to avoidable loss of life and render these proceedings nugatory.
“It is thus contrary to the public interest. This is because the public interest calls for protection of the health of people as opposed to potential exposure to harm against life and health to both Kenyans and those living in Kenya and most especially health care workers through the introduction of the Ebola disease,” part of the application reads.
The petitioner also notes that the impugned arrangement is being undertaken in a manner that is not transparent and is devoid of constitutional accountability.
In addition, Katiba states 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 application further reveals that there is no indication that any environmental or health impact assessment has been undertaken, notwithstanding the extreme risks involved.
“In these circumstances, the respondents’ (AG and CS Duale) actions amount to a departure from constitutional obligation and a descent into constitutional recklessness, wherein foundational safeguards are subordinated to executive expediency,” the Katiba Institute states in the application.