Katiba Institute Executive Director Nora Mbagathi has accused the government of contradicting itself by claiming compliance with court orders suspending activities related to the proposed Ebola quarantine and treatment facility at Laikipia Air Base while admitting that construction at the site is still ongoing.
In a further affidavit filed before the High Court, Mbagathi argues that the government’s position is untenable because it cannot simultaneously claim full compliance with the court orders issued on May 28 and June 2, 2026, and acknowledge that work on the facility continues.
According to court documents, Mbagathi points to admissions made by Health Cabinet Secretary Aden Duale that the facility is being constructed by the United States pursuant to an agreement between the two countries and with financial support from the US government. She further cites public statements by President William Ruto, who reportedly confirmed during engagements in Wajir and later in South Africa that Kenya agreed to a request by the United States to host the facility at Laikipia Air Base.
Mbagathi argues that these statements reinforce claims that the collaboration between Kenya and the United States remains active despite court orders suspending activities related to the project. She contends that the government’s attempt to dismiss media reports regarding ongoing construction as speculative and unreliable is undermined by its own admission that work at the site is continuing.
“By admitting in his own affidavit that construction at Laikipia Air Base continues, the Cabinet Secretary has validated the very media reports he seeks to discredit,” Katiba Institute states in its court filings.
The organisation further argues that the government cannot rely on the reality of ongoing construction to support its defence while at the same time dismissing reports highlighting the same activities as inaccurate.
Mbagathi also faults the government for allegedly failing to provide evidence that it formally informed the United States that the collaboration had been suspended in compliance with the court orders. She says allegations that American personnel remain involved in the construction and operationalisation of the facility have not been addressed by the respondents.
According to the affidavit, reports quoting a US official as stating that construction continued because Kenya had not directly instructed the United States to halt the project contradict claims that the collaboration was immediately suspended following the court orders. On the issue of disclosure, Mbagathi argues that the government has failed to comply with court directives requiring the production of documents relating to the project.
She says no specific agreement governing the establishment of the facility, environmental and public health assessments, approvals from relevant regulatory agencies, or operational protocols have been disclosed to the court.
Mbagathi further maintains that the 2016 Biological Engagement Programme agreement produced by the government is merely a general framework for cooperation and does not constitute the specific agreement under which the Laikipia facility is being established.
Katiba Institute is now urging the High Court to find the respondents in contempt, arguing that there has been continued facilitation of the project and failure to disclose key information despite clear court orders.
