High Court blocks Ebola quarantine facility plan in Kenya

The High Court has issued conservatory orders temporarily halting the establishment and operationalisation of any Ebola-related facility in Kenya under arrangements involving the United States or any other foreign government or agency.

The orders were issued following a petition filed by governance watchdog Katiba Institute.

“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,” Justice Patricia Mande ruled.

In a further order, the court also restrained those sued, whether directly or through their agents, officers, or any persons acting under their authority, from admitting into Kenya, transferring, receiving, or facilitating the entry of persons exposed to or infected with Ebola under the impugned arrangement, until the matter is heard.

Katiba Institute sued the Attorney General and the Cabinet Secretary for Health as the 1st and 2nd respondents, respectively.

It moved to court seeking urgent intervention to stop what it terms a proposed but undisclosed arrangement between the Kenyan government and foreign partners on Ebola containment facilities.

Katiba Institute had asked the court to intervene on grounds that credible media reports indicated advanced discussions to establish a facility in Kenya that could host individuals exposed to or infected with Ebola and other highly infectious diseases, potentially as part of a broader foreign containment framework.

The petitioner, through its application supported by an affidavit sworn by Nora Mbagathi, argues that the alleged arrangement raises serious constitutional, legal, and public health concerns.

"The impugned arrangement is being undertaken in a manner that is not transparent and is devoid of constitutional accountability, public participation, parliamentary oversight, or full disclosure of its health, environmental, and security implications," their application states.

According to Katiba Institute, the absence of formal public engagement or disclosure of agreements amounts to a violation of constitutional principles of openness and accountability, especially where matters of public health and international cooperation are involved. The petitioner further warns that if implemented, the arrangement could effectively position Kenya as an “offshore quarantine hub” for foreign states, raising questions about sovereignty and the country’s preparedness to safely manage highly infectious diseases such as Ebola.

Ebola Virus Disease, the court papers note, is classified by the World Health Organisation as a highly infectious and often fatal disease, requiring the highest levels of biosafety containment.

The petitioner argues that Ebola handling typically requires Biosafety Level 4 (BSL-4) facilities, which are designed for the most dangerous pathogens. However, Katiba Institute asserts that Kenya’s current laboratory infrastructure is largely limited to BSL-1 and BSL-2 facilities, with only limited BSL-3 capacity, which it argues is insufficient for safely managing Ebola-level containment risks.

This, it warns, creates a significant preparedness gap that could expose health workers, surrounding communities, and the wider public to catastrophic consequences in the event of accidental exposure, breach, or outbreak.

The petition also raises concerns over the absence of publicly available information on whether environmental impact assessments, biosafety evaluations, or parliamentary approvals have been undertaken before the reported discussions with foreign partners.

It further argues that secrecy surrounding the alleged arrangement undermines constitutional guarantees of access to information and public participation, particularly in decisions that have far-reaching implications for public health and national security.

Justice Patricia Mande granted the conservatory orders, directing that the matter be mentioned on June 2, 2026, for further directions.