Petition filed to stop proposed Ebola quarantine facility in Kenya

Katiba Institute has filed an urgent petition at the Milimani High Court seeking to block the government from establishing or permitting any Ebola quarantine, isolation or treatment facility linked to the United States of America or any foreign government on Kenyan soil.

The institution has named the Attorney-General of Kenya and the Cabinet Secretary for Health as respondents, with KELIN Kenya listed as an interested party.

Katiba Institute is asking the court to certify the matter as urgent and issue conservatory orders halting any plans to establish, operationalise or approve Ebola-related quarantine or treatment centres in Kenya pending hearing and determination of the case.

The institute is also seeking orders compelling the Ministry of Health to present within 24 hours a contingency plan detailing Kenya’s preparedness, surveillance, prevention and emergency response systems in the event of an Ebola outbreak.

Further, it wants the government ordered to publicly disclose any agreements, memoranda or negotiations relating to the proposed facility, including environmental, biosafety and public health assessments, approvals from Parliament or regulatory agencies, and protocols on handling and treatment of exposed persons.

In court papers supported by an affidavit sworn by Nora Mbagathi, the petitioner says credible media reports indicate 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.

Through Lawyer Malidzo Nyawa, Katiba Institute argues that such an arrangement would effectively position Kenya as an offshore quarantine centre for foreign states and raises serious constitutional, sovereignty and public health concerns.

According to the petition, the process lacks transparency, public participation and Parliamentary oversight, and there is no indication that any environmental or health impact assessments have been carried out.

Katiba Institute also raises concerns over Kenya’s laboratory capacity to handle the Ebola virus, stating that the country does not currently have a Biosafety Level 4 facility, the highest classification required for managing highly infectious diseases such as Ebola.

The petition notes that Kenya currently operates Biosafety Level 1 to 3 laboratories, with only three BSL-3 facilities in the country, arguing that this leaves the country vulnerable in the event of an outbreak.

The institute cites the High Court’s intervention during the Covid-19 pandemic in Law Society of Kenya (LSK) & 7 others v Cabinet Secretary for Health & 8 others as precedent, saying the court has previously stepped in to prevent exposure of the public to constitutional and health risks.

Katiba Institute says unless the court urgently intervenes, Kenya risks being turned into a foreign quarantine centre, potentially exposing citizens and healthcare workers to a deadly disease while undermining constitutional safeguards.

It argues the petition raises a strong prima facie case touching on the right to life and health, public accountability and the rule of law, and says remedies issued after a full hearing may come too late if harm has already occurred.