Nairobi — The High Court has issued conservatory orders temporarily barring the establishment or operation of any Ebola-related quarantine, isolation or treatment facilities in Kenya under arrangements involving the United States government or any foreign entity.
Justice P.M. Nyaundi issued the orders after certifying as urgent a petition filed by Katiba Institute challenging the planned facilities and the possible transfer or admission of Ebola-exposed persons into Kenya.
The court ruled that public interest favoured granting interim relief, noting the petitioner's claim of an imminent threat to life should the orders not be issued.
"The application is certified as urgent," Justice Nyaundi ruled in orders dated May 28.
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The court restrained the State Law Office and other respondents from establishing, operationalising, facilitating, approving or permitting any Ebola exposure, quarantine, isolation or treatment facility in Kenya arising from arrangements with the United States or any foreign government or agency pending the hearing of the application.
In a further order, the judge barred the respondents, their officers, agents or persons acting under their authority from admitting, transferring, receiving or facilitating the entry into Kenya of persons exposed to or infected with Ebola under the disputed arrangements.
The petition was filed by Katiba Institute, which argues that the proposed move raises concerns over public safety and constitutional safeguards.
According to court documents, the application is supported by an affidavit sworn by Nora Mbagathi, who contends that urgent intervention was necessary to prevent potential harm before the matter is fully heard.
The court directed the petitioner to physically serve the notice of motion and petition on the respondents within 24 hours.
Respondents were ordered to file their responses within 48 hours of being served, while the petitioner was granted leave to file a further affidavit within one day after receiving the responses.
The matter will be mentioned on June 2, 2026, for further directions.
The conservatory orders remain in force pending the inter-partes hearing of the application.
