CS Duale, AG Oduor in the spot for contempt in Ebola quarantine facility saga

Activists chant slogans and carry placards and a mock coffin during protests against a US-built Ebola quarantine centre planned for Kenya’s Laikipia Air Base in Nairobi, June 2, 2026. [AFP]

A human rights body has filed a fresh application, seeking to punish Health Cabinet Secretary Aden Duale and the Attorney General Dorcas Oduor for allegedly defying the court on the Ebola quarantine facility being built at Laikipia Airbase for United States of America (USA) Ebola patients.

In its application filed before the High Court, Katiba Institute argued that despite the two allegedly being aware of the court orders, the construction of the facility had continued without interruption.

“These court orders are explicit, clear, unambiguous, and self-explanatory. The language used in the four court orders is plain English and can be read and understood without difficulty. There is nothing for further explanation or clarification in the court rulings. The orders were issued in plain, unambiguous language. Yet, the first and second respondents have flagrantly disobeyed clear court orders,” argued Katiba’s lawyer Joshua Malidzo.

Justice Patricia Nyaundi ordered the Kenya Kwanza government to disclose the Sh1.7 billion deal with the United States of America (USA) for Ebola quarantine facilities to the public within seven days.

She extended her orders blocking the Dr William Ruto-led administration from either accepting or entertaining Americans or foreigners who are infected by the deadly virus into the country until the cases separately filed by Katiba, the Law Society of Kenya, and Fred Isaboke are heard and determined.

In the meantime, the government of Laikipia County also joined the case as an interested party.

Its lawyers, Levy Munyeri and Lydia Gichuru, argued that the county government was in the dark about the deal and only learned about it from the media.

“ The applicant was never consulted or prior-informed about the deal to enable some form of consultation and public health preparedness to safeguard the interests of the People of Laikipia. It has been learned through the media of a deal between the Kenyan national government and the United States of America to establish an Ebola quarantine and treatment centre in Nanyuki within Laikipia County for USA nationals,” claimed Munyeri.

In this case, Katiba argued it was ironic for the Ministry of Health officials to accept a disease that would kill and cause problems to the public, owing to the government’s self-sacrifice to the USA.

The rights lobby group asserted that despite the World Health Organisation (WHO) warning that the disease emanating from Congo is a moving killer with no approved cure and with limited treatment options, Kenya Kwanza opted to risk Kenyans’ lives for a secret deal, which was unmasked by the New York Times, causing an uproar that prompted the Health Cabinet Secretary Aden Duale to admit in response.

“The government of Kenya, through a secret agreement with the government of the United States of America, is about to open its borders to US citizens who have been affected by this deadly disease.”

“This level of constitutional carelessness and institutionalised defiance of the Constitution is a threat to our constitutional order. It is a demonstration of the executive arm of the government being derelict of its obligations. The Constitution requires the government to take precautionary measures to prevent its citizens from being exposed to deadly diseases,” the lobby group’s papers filed before the court by lawyer Joshua Malidzo yesterday read in part.

Katiba sued Attorney General Dorcas Oduor and Duale. It also cited Kelin-Kenya as an interested party.

Katiba stated that the arrangement between the President William Ruto-led administration and that of Trump has not been subjected to institutional accountability, public participation, parliamentary oversight, or full disclosure of its health, environmental, and security implications.

Further, the lobby said that there was also no indication that any environmental and health impact assessment had been undertaken to ensure, owing to the risk involved.

It argued that health is a devolved function; hence, counties ought to have also been consulted and involved. However, Katiba said that it is also unclear whether governors and members of county assemblies gave a green light.

So far, Kenya has not recorded any Ebola cases.

In court, Katiba stated that it was sheer abandonment of the mandate to protect Kenyans from harm’s way, enticed by an unknown token.

Katiba’s executive director, Nora Mbagathi, said Kenya is ill-equipped to deal with infectious diseases.

She said Ebola requires facilities classified as a Biosafety Level Four facility (BSL 4 facility) in addition to highly trained personnel to deal with the infectious disease.

Nevertheless, Mbagathi said that, unlike the USA, Kenya has facilities that can only deal with basic biosafety procedures that are low risk, from levels one to three.

To add salt to the injury, she claimed, Kenya has only three level-three facilities.

She asserted that if America is rejecting her own to protect the majority, Kenya cannot be the alternative ground.

“ This development follows public statements by the United States Secretary of State Marco Rubio, emphasising that the primary objective of United States foreign policy is to prevent the entry of Ebola into the United States. In response, Kenya appears to have been selected as an alternative containment site, thereby externalising infectious disease risk management to the republic’s territory,” said Mbagathi.

In addition, the Law Society of Kenya (LSK) and Fred Isaboke also challenged the deal. LSK’s lawyer Jack Owino said that the deal entailed putting up an initial capacity of 50 beds, expandable to 250.

“ The threat to the constitutionally guaranteed rights to life, health, dignity and a clean and healthy environment is real, imminent and incapable of adequate remedy after the event. Time is of the essence,” argued Onyango.

Isaboke’s lawyer, Chege Kamau argued that the decision to allow Americans to be treated in a facility built in Kenya is unreasonable, irrational, and illegal and in gross violation of the Constitution of Kenya.

“The petitioner avers that it is incongruous and illogical for the respondents to enter into an arrangement which exposes Kenyans to the Ebola virus, while the country has a struggling, if not a crippling, health care system,” argued Kamau.