A fresh legal challenge has placed Health Cabinet Secretary Aden Duale and Attorney General Dorcus Odour under increased scrutiny after the Katiba Institute moved back to the High Court seeking sanctions over the continued construction of an Ebola quarantine facility in Laikipia County.
The rights organisation argues that the government has failed to respect court orders that temporarily halted the establishment and operation of the U.S.-backed Ebola quarantine and treatment centre at Laikipia Airbase in Nanyuki.
In a new application filed before the court, Katiba Institute claims that development work on the project has continued despite conservatory orders issued by the High Court pending the hearing and determination of an ongoing petition.
According to the organisation, the continued construction raises serious concerns about adherence to the rule of law and respect for judicial authority. Katiba Institute maintains that ignoring court directives undermines constitutional governance and public confidence in state institutions.
It also alleges that government authorities have not complied with separate court orders requiring the disclosure of important documents related to the project, including agreements, safety protocols, and operational plans.
The dispute originated from a petition filed on June 2 challenging the legality and implementation of the facility. Following the petition, the High Court issued temporary orders suspending any further development of the centre until the matter is fully heard and determined.
The court also barred the admission, transfer, or facilitation of entry into Kenya of individuals exposed to or infected with Ebola through the programme under challenge.
Katiba Institute has consistently questioned the manner in which the project was negotiated and approved.
The organisation argues that there was inadequate public participation and consultation before plans for the facility were advanced.
It has also raised concerns about the project’s possible implications for Kenya’s sovereignty, public safety, and biosecurity management.
Executive Director Nora Mbagathi accused both the Kenyan and U.S. governments of failing to respect court orders, insisting that all public health initiatives must comply with constitutional requirements regardless of their urgency or intended benefits.
While the government has not yet formally responded to the latest application, CS Aden Duale said on Wednesday that authorities are complying with all court directives.
He maintained that the government remains committed to following legal procedures as investigations and court proceedings concerning the facility continue.
