The High Court has dealt a significant blow to the government by issuing conservatory orders suspending the establishment or operation of any Ebola exposure, quarantine, isolation, or treatment facility in Kenya under any arrangement with the United States government or any other foreign entity.

In orders issued on Tuesday morning, the court noted that the respondents were absent during the proceedings and granted interim orders sought in the petition filed by Katiba Institute.

“Since the respondents are not in court, it is ordered that pending the hearing and determination of the petition, orders will issue in terms of prayers F, H and I,”the court stated.

Pending the hearing and determination of the case, the court restrained the government and its agencies from establishing, operationalising, facilitating, approving, or permitting the establishment of any Ebola-related facility in the country.

The court also directed the government to disclose details relating to the proposed facility.

“The second respondent is to furnish the petitioner and the public, as set out in the notice of motion, with all those details,”the court ordered.

Further, the court barred the government from admitting into Kenya, receiving, transferring, or facilitating the entry of persons exposed to or infected with Ebola under the contested arrangement with the United States or any other foreign government.

During the mention of the case, Katiba Institute’s lawyer, Nyawa Malidzo, told the court that they had been denied access to the alleged project site and urged the court to intervene.

In a further setback for the State, the court ordered the respondents to make public all information relating to the proposed facility. This includes the full terms of any agreement, memorandum, arrangement, or negotiations concerning the project.

The court also directed the government to disclose any public health, environmental, biosafety, or security assessments conducted in relation to the proposed facility, as well as any approvals obtained from Parliament, relevant regulatory agencies, or county governments.

Additionally, the respondents must provide details of the protocols intended to govern the admission, handling, isolation, and treatment of persons exposed to Ebola.

The conservatory orders will remain in force pending the inter partes hearing and determination of the petition.