The High Court in Nairobi has issued conservatory orders temporarily stopping the Kenyan government from establishing or operationalising any Ebola exposure, quarantine, isolation or treatment facility linked to an arrangement with the United States government or any foreign entity.
The orders were issued on Thursday, May 28, by Milimani High Court Judge Lady Justice Patricia Nyaundi following a petition filed by the Katiba Institute against the State Law Office.
According to the court documents, Katiba Institute argued that there was an imminent threat to life should the alleged arrangement proceed without public participation, transparency and constitutional safeguards.
In the ruling, the court certified the matter as urgent and restrained the respondents from “establishing, operationalising, facilitating, approving or permitting” the establishment of any Ebola-related facility in Kenya pending the hearing and determination of the case.
The court further barred the government, its agents and officers from admitting into Kenya, transferring, receiving or facilitating the entry of persons exposed to or infected with Ebola under the alleged arrangement with the United States or any foreign entity before the inter-partes hearing.
Justice Nyaundi directed that the respondents be served within 24 hours and ordered them to file their responses within 48 hours after service.
The matter is scheduled for mention on June 2, 2026, for further directions.
The petition now places the spotlight on the government over reports of a possible international public health arrangement, with Kenyans expected to closely follow the proceedings amid growing public concern over national health security and sovereignty.
The State Law Office had not publicly responded to the claims by the time of publication.
