In a ruling issued on Thursday, May 28, Justice Patricia Nyaundi granted conservatory orders barring the government, the Ministry of Health, and all persons acting under their authority from facilitating the transfer or admission of Ebola patients into Kenya until a petition filed in court is heard and determined.
The decision followed an urgent case filed by the Katiba Institute challenging plans to establish an Ebola quarantine and treatment facility in Kenya.
According to the court order, the Attorney General and Health Cabinet Secretary Aden Duale have been restrained from receiving, transferring, admitting or facilitating the entry of persons exposed to or infected with Ebola into the country.
“A conservatory order is issued restraining the respondents, whether by themselves, their agents, officers, or any persons acting under their authority, from admitting into, transferring to, receiving within, or facilitating the entry into Kenya of persons exposed to or infected with Ebola,” the ruling stated.
The court also temporarily halted any plans linked to the establishment of Ebola isolation, treatment or quarantine centres associated with agreements between Kenya and the United States government or any other foreign administration.
The Katiba Institute argued in its petition that the move could expose Kenyans to serious health risks and was being implemented without adequate public participation or parliamentary approval.
The organisation further claimed the public had not been fully informed about the possible health, environmental and security implications of the proposed arrangement.
The case emerged after reports indicated that the United States was considering using Kenya as part of a regional Ebola response strategy following rising infections in parts of East Africa.
The reports triggered intense public debate, political criticism and growing anxiety among Kenyans, especially after claims surfaced that quarantine facilities could be established in Laikipia County.
Several leaders and civil society groups questioned why Kenya was being considered for the arrangement and demanded full disclosure from the government.
Health Cabinet Secretary Aden Duale had earlier defended the government’s preparedness, insisting Kenya was capable of handling Ebola-related emergencies under international health protocols.
However, critics argued that the country’s health system still faces serious challenges and warned against exposing citizens to unnecessary danger.
Following the High Court ruling, the planned arrangements cannot proceed until the matter is fully heard and determined in court.
The petition is expected to be mentioned again on June 2, 2026, when further directions will be issued.
The ruling now adds a major legal obstacle to the controversial proposal as debate over public health safety, foreign partnerships and national preparedness continues to intensify across the country.
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