The High Court has directed a freeze on ongoing plans by the U.S. to establish an Ebola quarantine centre in Laikipia Airbase in Nanyuki in a suit filed on Thursday by Katiba Institute.

In an order released on Friday, the High Court in Nairobi temporarily barred the admission, transfer, receipt, or facilitation of entry into Kenya of persons exposed to or infected with Ebola under the impugned Washington-Nairobi arrangement pending interparty hearing. The case will be mentioned on Tuesday, 2nd June, noted Lady Justice Patricia Mande.

On Thursday, Katiba Institute moved to court, challenging the set-up of Ebola quarantine center to serve Americans exposed to the viral disease and other highly infectious diseases in Kenya. 

The petition, through Counsel Joshua Malidzo, sought transparency, accountability, and court oversight before a final determination is made on the planned facility, which the Ministry of Health through the Government of Kenya has given greenlight for its establishments.

On Friday, a dispatch from the U.S. administration showed that Kenya will be receiving up to KES1.7 billion ($13.5 million) to support the country's preparedness to fight the latest outbreak of Ebola in the Democratic Republic of Congo.   

However, Katiba Institute has sued the Attorney General seeking the Ministry of Health restrained from establishing, operationalizing, or approving any Ebola quarantine or treatment facility in Kenya under any arrangement with the United States or other foreign jurisdictions. 

Bar individuals exposed

"Bar the respondents and their agents from receiving, transferring, or facilitating the entry into Kenya of any individuals exposed or infected with Ebola under the impugned arrangement," the public interest group argued.

It added: "Require the Cabinet Secretary for Health to prepare and present to the Court, within 24 hours, a comprehensive contingency plan detailing Kenya’s preparedness measures for the prevention, surveillance, control, and response to any potential Ebola outbreak. 

"Compel the Respondents to disclose to Katiba Institute and the public the full terms for any arrangements or negotiations regarding the proposed facility. This includes all related public health, environmental, biosafety, or security assessments; regulatory and parliamentary approvals; and the specific protocols for the admission and treatment of exposed persons," stated Nora Mbagathi, Executive Director, Katiba Institute in court documents.

[email protected]