NAIROBI, Kenya — Katiba Institute has filed an urgent contempt of court application at the High Court, accusing the government of defying conservatory and disclosure orders related to a controversial United States-backed Ebola quarantine and treatment facility.
The constitutional watchdog claims that construction and development activities linked to the proposed facility have continued despite court orders directing the suspension of plans to establish, operationalise, or approve the project pending the determination of the case.
The application also alleges that government agencies have failed to fully comply with court directives requiring the disclosure of documents, agreements, safety protocols, and other information concerning the facility.
Allegations of Continued Construction
According to the Katiba Institute, the continued implementation of the project amounts to a direct violation of judicial authority and undermines constitutional safeguards governing public participation, transparency, and accountability.
The organisation argues that the project has proceeded without adequate public disclosure and oversight, despite concerns raised by petitioners over its legal and constitutional implications.
The contempt proceedings seek to compel compliance with existing court orders and hold responsible officials accountable for any alleged violations.
Questions Over Transparency
At the centre of the dispute is the government’s handling of information related to the proposed Ebola preparedness facility.
Katiba Institute contends that authorities have not fully released documents and agreements concerning the project despite orders issued by the High Court.
The organisation argues that public access to such information is necessary to ensure transparency and informed public participation, particularly in matters involving public health, national security, and international partnerships.
Sovereignty and Rule of Law Concerns
Katiba Institute Executive Director Nora Mbagathi criticised what she described as disregard for constitutional processes and judicial authority.
“We are witnessing a profound disrespect for Kenya’s sovereignty and our constitutional rule of law,” Mbagathi said.
She argued that the alleged continuation of construction works and failure to disclose documents raises concerns about adherence to court orders and constitutional governance principles.
“The fact that construction continues and vital documents remain hidden, in direct violation of a High Court order, shows that the U.S. and Kenyan government see themselves as above our courts,” she said.
Government Defends Ebola Preparedness Measures
The application comes amid an ongoing public debate over Kenya’s Ebola preparedness strategy.
The government has consistently defended investments in quarantine, isolation and treatment facilities, maintaining that they are critical components of national health security and preparedness against potential disease outbreaks.
Health Cabinet Secretary Aden Duale has previously stated that Kenya remains Ebola-free but continues to strengthen surveillance, screening and emergency response systems due to the country’s position as a regional transport and trade hub.
President William Ruto has also defended the establishment of preparedness facilities, arguing that governments have a responsibility to prepare for public health emergencies before they occur.
Matter Awaits Court Determination
The contempt application now places the dispute back before the High Court, which will determine whether its previous orders were violated and what action, if any, should follow.
