The High Court has ordered the government to disclose all agreements, negotiations, approvals, risk assessments and operational protocols relating to a proposed United States Ebola quarantine facility in Kenya.
Justice Patricia Mande issued the directions on Tuesday in a petition filed by Katiba Institute challenging the proposed facility on constitutional, public health and sovereignty grounds.
The court directed the Attorney General and the Ministry of Health to file a report within seven days, detailing the status of the project and the arrangements surrounding the proposed quarantine facility.
The petitioners will thereafter be allowed to respond to the report before the matter is mentioned again for compliance.
Justice Mande also allowed the consolidation of a separate petition filed by the Law Society of Kenya with the earlier case filed by Katiba Institute. The Katiba Institute petition will serve as the lead file.
During the proceedings, lawyers representing Katiba Institute accused the Attorney General’s office of failing to attend court despite earlier directions and of failing to file responses to the applications before the court.
Lawyer Malidzo Nyawa told the court that the Attorney General has a constitutional obligation to participate in the proceedings and urged the court not to tolerate the continued absence of State representatives.
Nyawa said the respondents had failed to comply with previous directions and asked the court to grant the orders sought by the petitioners.
The lawyer also raised concern over whether earlier conservatory orders issued by the court had been obeyed. The orders had suspended construction and operationalization of the proposed facility pending the hearing and determination of the application.
According to Nyawa, reports suggested that construction activities may have continued despite the court orders. He told the court that attempts by the petitioners to access the military barracks where the facility is allegedly being set up had been unsuccessful.
“We have seen reports that construction is ongoing. When we tried to access the barracks to confirm, we were not allowed. We cannot know whether your orders are being complied with or not,” Nyawa told the court.
LSK President Charles Kanjama supported the consolidation of the petitions and said the society was willing to rely on the conservatory orders already issued in the lead file to avoid delaying the substantive hearing.
Lawyer Thande Kuria, who appeared for the respondents in the LSK matter, did not oppose the consolidation.
The petitioners argue that the proposed facility raises major questions on public health management, public participation, constitutional governance and the extent of any agreements entered into by the Kenyan government.
The court issued the directions after admitting several parties to the case as interested parties. They include the Laikipia county government and the Kenya National Commission on Human Rights.
The matter will be mentioned on June 23, 2026, to confirm compliance with the court’s directions.
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