Katiba Institute has moved to the Milimani High Court seeking urgent orders to stop the Kenyan government from establishing or allowing any Ebola quarantine, isolation or treatment facility linked to the United States or any foreign government within Kenya.
In the petition filed under certificate of urgency, Katiba Institute has sued the Attorney-General and the Cabinet Secretary for Health, while KELIN Kenya has been listed as an interested party.
The lobby group wants the court to issue conservatory orders immediately halting any plans, approvals or operationalisation of Ebola-related quarantine or treatment centres in Kenya pending the hearing and determination of the case.
The institute is also seeking orders compelling the Ministry of Health to table within 24 hours a detailed contingency plan showing Kenya’s preparedness, surveillance, prevention and emergency response mechanisms in the event of an Ebola outbreak.
Further, Katiba Institute wants the government compelled to publicly disclose any agreements, negotiations or memoranda relating to the proposed facility, including environmental and biosafety assessments, parliamentary approvals and protocols on handling exposed persons.
In an affidavit sworn by Nora Mbagathi, the institute says credible media reports indicate that Kenya and the United States are engaged in advanced discussions to establish a quarantine facility in Kenya for American citizens exposed to Ebola and other highly infectious diseases.
Through Lawyer Malidzo Nyawa, Katiba Institute argues that the arrangement would effectively turn Kenya into an offshore quarantine centre for foreign states, raising serious constitutional, sovereignty and public health concerns.
The petition claims the alleged process has been undertaken without transparency, public participation or parliamentary oversight, and questions whether any environmental or health impact assessments have been conducted.
Katiba Institute further argues that Kenya lacks the necessary laboratory infrastructure to safely handle the Ebola virus, noting that the country currently does not have a Biosafety Level 4 laboratory, which is considered the highest standard for managing highly infectious diseases such as Ebola.
According to the petition, Kenya only operates Biosafety Level 1 to 3 laboratories, with just three BSL-3 facilities in the country, exposing the nation to heightened risks in the event of an outbreak.
The institute has cited previous court intervention during the Covid-19 pandemic in the case of Law Society of Kenya & 7 others v Cabinet Secretary for Health & 8 others, arguing that courts have previously stepped in to shield the public from constitutional and health risks.
Katiba Institute says unless the court urgently intervenes, Kenya risks being transformed into a foreign quarantine hub, potentially exposing citizens and healthcare workers to a deadly disease while undermining constitutional safeguards.
The lobby group argues the case raises critical issues touching on the right to life, public health, accountability and the rule of law, warning that any remedies issued after a full hearing may come too late if irreversible harm has already occurred.
