The High Court in Nairobi has issued conservatory orders restraining the Kenyan government from establishing or facilitating any Ebola quarantine, isolation, or treatment facility linked to an arrangement with the United States government pending further hearing and determination.
The orders were issued by Lady Justice Patricia Nyaundi after Katiba Institute filed an urgent petition challenging what it described as a secretive plan to turn Kenya into an “offshore quarantine site” for American citizens exposed to Ebola and other highly infectious diseases.
In the petition, Katiba Institute had sued the attorney General and the Cabinet Secretary for Health.
Justice Nyaundi certified the matter as urgent after considering the Notice of Motion, a Certificate of Urgency, and a supporting affidavit sworn by Katiba Institute Executive Director Nora Mbagathi.
“Being persuaded that the public interest favours granting interim orders,” the judge issued conservatory orders barring the respondents from “establishing, operationalising, facilitating, approving or permitting” any Ebola-related quarantine or treatment facility in Kenya under arrangements involving the United States or any foreign government pending an inter-partes hearing.
The court further restrained the government, its agents, or any persons acting under its authority from admitting into Kenya, transferring, receiving, or facilitating the entry of persons exposed to or infected with Ebola pursuant to the alleged arrangement.
Justice Nyaundi directed the petitioner to serve the respondents within 24 hours, with the government required to file responses within 48 hours of service.
The petitioner was also granted leave to file a supplementary affidavit within one day after receiving the responses.
The matter is scheduled for mention on June 2, for further directions.
In its petition, Katiba Institute argued that the alleged Kenya-US arrangement was being pursued without public participation, parliamentary oversight, or disclosure of critical health and environmental assessments.
The organisation contended that Kenya lacks the specialised Biosafety Level 4 (BSL-4) facilities required to safely handle Ebola cases and argued that the move could expose Kenyans to severe public health risks.
