Katiba Institute has filed an urgent petition at the Milimani High Court seeking to stop the Kenyan government from establishing or approving any Ebola quarantine, isolation, or treatment facility linked to the United States or any foreign government on Kenyan soil.
The petition names the Attorney-General and the Cabinet Secretary for Health as respondents, while KELIN Kenya has been listed as an interested party.
Through lawyer Malidzo Nyawa, the institute is asking the court to certify the matter as urgent and issue conservatory orders barring the government from operationalising or approving any Ebola-related quarantine centres pending the hearing and determination of the case.
Katiba Institute also wants the Ministry of Health compelled to...
Katiba Institute has filed an urgent petition at the Milimani High Court seeking to stop the Kenyan government from establishing or approving any Ebola quarantine, isolation, or treatment facility linked to the United States or any foreign government on Kenyan soil.
The petition names the Attorney-General and the Cabinet Secretary for Health as respondents, while KELIN Kenya has been listed as an interested party.
Through lawyer Malidzo Nyawa, the institute is asking the court to certify the matter as urgent and issue conservatory orders barring the government from operationalising or approving any Ebola-related quarantine centres pending the hearing and determination of the case.
Katiba Institute also wants the Ministry of Health compelled to provide within 24 hours a detailed contingency plan outlining Kenya’s preparedness, surveillance systems, prevention measures, and emergency response capacity in the event of an Ebola outbreak.
Further, the organisation is seeking full public disclosure of any agreements, memoranda, negotiations, environmental assessments, biosafety approvals, and parliamentary authorisations linked to the proposed facility.
In an affidavit sworn by Nora Mbagathi, the institute argues that credible reports indicate Kenya and the United States are engaged in advanced discussions to establish a quarantine facility for Americans exposed to Ebola and other infectious diseases.
The petition argues that such a move would effectively turn Kenya into an offshore quarantine centre for foreign governments, raising serious constitutional, sovereignty, and public health concerns.
Katiba Institute claims the process lacks transparency, public participation, and parliamentary oversight, warning that there is no evidence environmental or public health impact assessments have been conducted.
The institute also questioned Kenya’s preparedness to handle Ebola, noting that the country lacks a Biosafety Level 4 laboratory, the highest classification required for handling highly infectious diseases such as Ebola.
According to court filings, Kenya currently operates only Biosafety Level 1 to 3 laboratories, with just three BSL-3 facilities nationwide.
The lobby group cited previous High Court interventions during the COVID-19 pandemic as legal precedent for urgent judicial action in matters involving public health and constitutional rights.
Katiba Institute warned that unless the court intervenes immediately, Kenya risks exposing citizens and healthcare workers to significant health dangers while undermining constitutional safeguards and public accountability.