The High Court in Nairobi has issued conservatory orders temporarily stopping the Kenyan government from establishing or facilitating any Ebola quarantine, isolation, or treatment facilities in the country under arrangements involving the United States or any other foreign government.
Justice Patricia M. Nyaundi issued the orders on Thursday, May 28, 2026, after certifying as urgent a petition filed by the Katiba Institute against the State Law Office.
The court barred the government, its agencies, officers, or any persons acting under its authority from establishing, operationalising, facilitating, approving, or permitting the operation of Ebola-related facilities in Kenya pending the hearing and determination of the petition. The judge further restrained the respondents from admitting into Kenya, transferring, receiving, or facilitating the entry of persons exposed to or infected with Ebola under any arrangement involving the United States government or any foreign entity.
According to court documents, the petitioners argued that the proposed arrangements posed an imminent threat to life, public health, and national safety. They contended that any such agreement required public participation, parliamentary oversight, and strict constitutional safeguards before implementation.
The application was supported by a certificate of urgency and an affidavit sworn by Nora Mbathi on behalf of the Katiba Institute.
The conservatory orders come amid growing reports that Kenya and the United States had been discussing plans for a quarantine and treatment facility linked to Ebola response efforts.
Reports indicated that the proposed facility would be located at Laikipia Air Base and staffed by members of the U.S. Public Health Service, a uniformed branch under the U.S. Department of Health and Human Services.
Sources familiar with the discussions reportedly indicated that Kenya had been pushing for the facility to serve all nationalities and not exclusively U.S. citizens, although details of the arrangement had not been publicly disclosed.
In a statement released Wednesday, Kenya’s Ministry of Health confirmed that it was in discussions with the United States and other global partners on cooperation regarding Ebola response measures. However, the ministry did not directly address reports about the establishment of a quarantine centre in Kenya.
The court directed the petitioners to serve the respondents within 24 hours, while the respondents were ordered to file their responses within 48 hours after service.
The matter is scheduled for mention on June 2, 2026, for further directions and an inter-partes hearing.
