Lobby Group Moves To Court To Block Proposed US Ebola Quarantine Facility In Kenya

Katiba Institute has moved to the High Court seeking to stop the Kenyan government from establishing any Ebola quarantine or treatment facility linked to the United States, escalating a growing national debate over reports that Kenya could host a regional infectious disease containment centre for foreign nationals.

In a petition filed under certificate of urgency at the Milimani High Court, the rights lobby has sued the Attorney-General and the Ministry of Health, arguing that the alleged plans raise serious constitutional, public health and sovereignty concerns. Health rights organisation KELIN Kenya has been listed as an interested party in the case.

The petition seeks conservatory orders to immediately halt any negotiations, approvals or operationalisation of an Ebola-related quarantine, isolation or treatment facility in Kenya pending the determination of the case.

Katiba Institute is also asking the court to compel the Ministry of Health to publicly disclose within 24 hours all agreements, memoranda and negotiations allegedly entered into with the United States or other foreign governments regarding the proposed facility. The institute further wants the government ordered to produce environmental impact assessments, biosafety evaluations, parliamentary approvals and emergency response protocols connected to the plan.

The case comes amid heightened public scrutiny following reports that Kenya and the United States have been engaged in discussions over establishing a specialised quarantine facility for American citizens and other persons exposed to highly infectious diseases such as Ebola.

In court papers, Katiba Institute argues that Kenya risks being turned into what it describes as an “offshore quarantine hub” for foreign countries without adequate public participation or parliamentary oversight.

Through lawyer Malidzo Nyawa, the lobby group claims the alleged arrangement has been pursued secretly and without transparency, despite the potential implications for public safety and national sovereignty.

An affidavit sworn by Nora Mbagathi states that the government has not sufficiently explained the scope of the proposed arrangement or demonstrated that Kenya possesses the infrastructure required to safely manage Ebola cases.

The institute argues that Kenya lacks a Biosafety Level 4 laboratory, considered the global standard for handling highly dangerous pathogens such as the Ebola virus. According to the petition, the country currently operates Biosafety Level 1 to 3 laboratories, with only a handful meeting Level 3 standards.

Katiba Institute says this limitation exposes healthcare workers and the wider public to heightened risks should containment measures fail or an outbreak occur.

The petition further cites lessons from the Covid-19 pandemic, referencing previous court interventions in public health decisions, including the case filed by the Law Society of Kenya and other petitioners challenging government pandemic measures.

The lobby group argues that the court has a constitutional duty to intervene before any irreversible harm occurs, warning that delayed action could undermine the rights to life, health and access to information guaranteed under the Constitution.

The legal challenge comes just days after Health Cabinet Secretary Aden Duale insisted that Kenya remains prepared to respond to Ebola threats and dismissed fears that the country was being converted into a foreign disease containment zone.

The Ministry of Health has not yet formally responded to the petition, but government officials have maintained that Kenya continues to strengthen its disease surveillance and emergency preparedness systems in collaboration with international partners.

The case is expected to intensify public debate over Kenya’s role in global health security programmes and the extent to which foreign-backed health initiatives should be subjected to parliamentary scrutiny and public participation before implementation.