By Andrew Kariuki
The High Court has ordered the government to disclose all agreements, negotiations, approvals, risk assessments and operational protocols relating to a proposed Ebola quarantine facility linked to the United States amid an ongoing legal challenge over the project.
Justice Patricia Mande issued the directions on Tuesday in a petition filed by Katiba Institute, which raises concerns over constitutional governance, public health, sovereignty and the legality of arrangements surrounding the facility.
In the ruling, the court directed the Ministry of Health to furnish Katiba Institute and the public with details relating to the proposed project as outlined in the application before the court.
“The second respondent (Ministry of Health) to furnish the petitioner (Katiba Institute) and the public with all those details as set out in the notice of motion,” the court ordered.
The judge further directed the Attorney General and Ministry of Health to file a report within seven days detailing the status of the project, agreements entered into and arrangements surrounding the proposed quarantine facility.
Katiba Institute will thereafter be allowed to respond to the report before the matter returns to court for compliance directions.
The court also allowed the consolidation of a separate petition filed by the Law Society of Kenya (LSK) with the Katiba Institute case, designating the latter as the lead file.
During proceedings, lawyers representing Katiba Institute faulted the Attorney General’s office for failing to attend court despite earlier directions and for allegedly failing to file responses to the applications before court.
Lawyer Malidzo Nyawa argued that the Attorney General had a constitutional obligation to participate in the proceedings and urged the court not to tolerate the continued absence of state representatives.
Nyawa further raised concerns over compliance with conservatory orders previously issued by the court, which halted further construction or operationalisation of the proposed facility pending determination of the case.
According to the petitioners, reports indicate activities linked to the facility may still be ongoing despite the court orders.
“We have seen reports construction is ongoing and when we tried to access the barracks to confirm, we were not allowed. We cannot know whether your orders are being complied with or not,” Nyawa told the court.
LSK President Charles Kanjama supported the consolidation of the petitions and indicated the society was prepared to rely on the conservatory orders already issued to avoid delaying the hearing of the dispute.
Lawyer Thande Kuria, appearing for the respondents in the LSK matter, did not oppose the consolidation request.
The petitioners maintain that the proposed Ebola facility raises major questions around public participation, public health management, constitutional governance and the extent of agreements entered into by the government.
The court also admitted several parties to participate in the proceedings, including the Laikipia County Government and the Kenya National Commission on Human Rights (KNCHR), among others.
The matter will be mentioned on June 23, 2026, to confirm compliance with the court’s directions.
