Katiba Institute has filed an urgent petition at the Milimani High Court seeking to stop the Kenyan government from establishing or authorising any Ebola quarantine, isolation, or treatment facility linked to the United States or any other foreign government within the country.
The petition names the Attorney-General and the Cabinet Secretary for Health as respondents, while KELIN Kenya has been listed as an interested party.
In the application, the institute is asking the court to certify the matter as urgent and issue conservatory orders suspending any plans to establish, operationalise, or approve Ebola related quarantine or treatment centres in Kenya pending the hearing and determination of the case.
Katiba Institute is also seeking orders compelling the Ministry of Health to provide, within 24 hours, a detailed contingency plan outlining Kenya’s preparedness, surveillance, prevention, and emergency response mechanisms in the event of an Ebola outbreak.
In addition, the petition seeks full public disclosure of any agreements, memoranda, or negotiations related to the proposed facility.
The institute is demanding the release of environmental, biosafety, and public health assessments, as well as evidence of approvals by Parliament and relevant regulatory agencies, including protocols for the handling and treatment of exposed persons.
The case is supported by an affidavit sworn by Nora Mbagathi, who states that credible media reports suggest 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.
Katiba Institute through lawyer Malidzo Nyawa, argues that such an arrangement would effectively turn Kenya into an offshore quarantine centre for foreign states, raising significant constitutional, sovereignty, and public health concerns.
According to the petition, the process has lacked transparency, public participation, and parliamentary oversight.
The institute further argues that there is no evidence that environmental or health impact assessments have been conducted.
Katiba Institute also raises concerns about Kenya’s capacity to safely manage Ebola cases, noting that the country does not currently possess a Biosafety Level 4 (BSL-4) laboratory the highest classification required for handling highly infectious diseases such as Ebola.
The petition states that Kenya currently operates Biosafety Level 1 to 3 laboratories, with only three BSL-3 facilities nationwide, a situation the institute says leaves the country vulnerable in the event of an outbreak.
The institute cites the High Court’s intervention during the Covid-19 pandemic in the case of Law Society of Kenya (LSK) & 7 Others v Cabinet Secretary for Health & 8 Others as precedent, arguing that the judiciary has previously acted to shield the public from constitutional and health risks.
Katiba Institute maintains that unless the court intervenes urgently, Kenya risks being transformed into a foreign quarantine hub, potentially exposing citizens and healthcare workers to a deadly disease while undermining constitutional safeguards.
The petition, institute further argues that outlines a strong prima facie case touching on the rights to life and health, public accountability, and the rule of law, warning that remedies granted after a full hearing may come too late if harm has already occurred.
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