By Andrew Kariuki
The High Court has issued conservatory orders temporarily barring the government from establishing, facilitating, approving or permitting the operation of any Ebola exposure, quarantine, isolation or treatment facility in Kenya linked to arrangements with the United States government or any foreign entity.
In orders issued on Thursday, May 28, 2026, Justice Patricia Mande Nyaundi certified as urgent a petition filed by the Katiba Institute and granted interim conservatory orders pending an inter-parties hearing.
The petition, filed before the Constitutional and Human Rights Division of the Milimani High Court under case number HCCHRPET/E333/2026, argues that there exists an imminent threat to life should the proposed arrangements proceed without judicial intervention.
In the ruling, the court stated that it was persuaded that public interest favoured granting interim relief and consequently restrained the respondents from “establishing, operationalising, facilitating, approving or permitting” the establishment or operation of any Ebola-related facility in Kenya under any arrangement involving the United States or any foreign government or agency.
The court further barred the respondents, their officers, agents or any persons acting under their authority from admitting, receiving, transferring within, or facilitating the entry into Kenya of persons exposed to or infected with Ebola pursuant to the impugned arrangement pending further court directions.
The orders come amid public debate following reports that the United States was considering handling Ebola exposure cases outside its borders, with Kenya reportedly among countries under consideration for quarantine and treatment arrangements.
Justice Nyaundi directed the petitioners to effect physical service of the application and petition within 24 hours, while the respondents were ordered to file responses within 48 hours of service.
The court also granted leave to the applicant to file a supplementary affidavit within one day after service of the responses.
The matter is scheduled for mention on June 2, 2026, for further directions.
The temporary orders will remain in force pending the hearing and determination of the application between the parties.
