By Bonface Mulyungi
The County Government of Laikipia has opposed the establishment of a proposed Ebola Quarantine and Isolation Facility within the county, arguing that the project raises serious public health, governance, economic and child protection concerns.
In a replying affidavit Laikipia County Executive Committee Member for Health Albert Taiti says the county is not opposed to the efforts aimed at strengthening preparedness against infectious disease outbreaks, but has reservations about the manner in which the project is being implemented.
Taiti states that the facility is proposed to be established within Laikipia County and will directly affect residents, institutions, public health systems, emergency response structures and the county’s governance framework.
According to the county government, Laikipia already faces significant challenges in financing community health services and remains inadequately equipped to respond to a major infectious disease outbreak.
“The 4th Interested Party fully appreciates the primacy of national public health preparedness measures aimed at preventing, detecting and responding to infectious disease outbreaks and public health emergencies,” Taiti says in the affidavit.
However, he argues that decisions involving a high-risk disease such as Ebola require the highest standards of transparency, scientific assessment, stakeholder engagement and constitutional compliance.
The county further contends that the proposed facility threatens residents’ right to the highest attainable standard of health under Article 43 of the Constitution and raises concerns regarding pathogen containment, emergency preparedness and public safety.
A major issue raised by Laikipia County is the alleged failure by the National Government to conduct meaningful consultation before identifying and announcing the proposed site.
Taiti argues that despite constitutional provisions requiring cooperation between national and county governments, Laikipia was not adequately involved in site evaluation, risk assessment, contingency planning or emergency response coordination.
“The absence of meaningful consultation undermines the principles of cooperative governance and devolution as entrenched in the Constitution,” he states.
The county has also warned of potentially severe economic consequences, particularly for the tourism sector, which it says forms a critical pillar of the local economy.
According to the affidavit, Nanyuki Town, located approximately eight kilometres from the proposed facility at Laikipia Air Base, serves as a major economic and tourism hub in Central Kenya.
The county notes that Laikipia hosts internationally renowned tourist attractions including the Ol Pejeta Conservancy, Ol Jogi Conservancy and Mount Kenya National Park.
Taiti claims that some hotels have already reported cancellations from tourists following reports of the planned Ebola facility.
He further argues that any disruption to tourism could result in significant job losses and adversely affect the livelihoods of thousands of residents who depend on the sector.
The county also raises concerns over the location of the proposed facility within the Kenya Air Force Base in Nanyuki, where Laikipia Airbase Primary School and Laikipia Airbase Junior School are situated.
According to the affidavit, the schools serve both children of military personnel and civilian families from surrounding areas.
Laikipia County argues that establishing an Ebola quarantine and isolation facility within the same installation occupied daily by schoolchildren raises serious questions regarding child protection, emergency preparedness and institutional safety.
The county says no adequate information has been provided to demonstrate that comprehensive child impact assessments, school safety evaluations, emergency evacuation plans or child-specific risk management strategies were undertaken before selecting the site.
“Article 53(2) of the Constitution requires that the best interests of the child shall be of paramount importance in every matter concerning the child,” Taiti states.
The county further contends that residents have not been provided with sufficient information regarding the scientific basis for site selection, risk mitigation measures and long-term public health safeguards associated with the facility.
Laikipia also questions whether adequate public participation was conducted before the project was announced, arguing that constitutional principles require meaningful engagement with affected communities.
The county is now urging the High Court to subject the project to comprehensive judicial scrutiny and ensure that any decision regarding the proposed Ebola Quarantine and Isolation Facility complies with constitutional requirements on public participation, intergovernmental consultation, public health safeguards and the precautionary principle.
Taiti says the court should also ensure that the welfare and best interests of children attending schools within the airbase, as well as the broader interests of Laikipia residents, are fully protected before the project proceeds
