NAIROBI, Kenya- Katiba Institute has moved to court to challenge the proposed establishment of an Ebola quarantine and treatment facility in Kenya for Americans exposed to the deadly virus.
The constitutional rights organisation filed an urgent petition seeking to stop the Kenyan government from operationalising or approving any such facility pending a full court hearing and determination.
The case, filed through lawyer Joshua Malidzo under a certificate of urgency, names the Attorney-General and the Cabinet Secretary for Health as respondents.
Katiba Institute argues that the alleged arrangement raises serious constitutional, public health and national security concerns, especially because of what it describes as a lack of transparency and public participation.
Among the urgent orders sought, the organisation wants the High Court to restrain the government from establishing or approving any Ebola quarantine or treatment facility under agreements with the United States or any foreign government.
The petition also seeks orders barring Kenyan authorities from facilitating the entry into the country of persons exposed to or infected with Ebola under the reported arrangement.
Katiba Institute further wants the court to compel the Ministry of Health to provide, within 24 hours, a detailed contingency plan outlining Kenya’s preparedness measures for Ebola prevention, surveillance, control and emergency response.
The lobby group is also demanding full public disclosure of any agreements, negotiations, biosafety assessments, public health evaluations, parliamentary approvals and treatment protocols related to the proposed facility.
Executive Director Nora Mbagathi said the case seeks to ensure constitutional accountability even in matters involving diplomacy and public health.
“KI is asking the Court to determine whether the Executive can expose the public to such significant risks without complying with constitutional safeguards,” Mbagathi said.
“At its core, the case is about preserving constitutional accountability, protecting public health, and ensuring that no government may place expediency above the lives and safety of the people of Kenya,” she added.
The petition comes amid growing public debate following international media reports that the administration of U.S. President Donald Trump was exploring plans to establish a quarantine facility in Kenya for Americans exposed to Ebola during the ongoing outbreak in the Democratic Republic of Congo (DRC).
Kenya’s Ministry of Health has confirmed discussions with the United States and other international partners regarding Ebola preparedness but has maintained that any cooperation would strictly comply with Kenyan laws and public health regulations.
The World Health Organization has declared the current Ebola outbreak involving the Bundibugyo strain a public health emergency of international concern as cases continue rising in eastern DRC and Uganda.
