Katiba Institute Seeks Court Sanctions Over Alleged Defiance of Orders in U.S.-Backed Ebola Facility Dispute
Health Cabinet Secretary Aden Duale and Attorney General Dorcus Odour are facing renewed legal pressure after the Katiba Institute returned to the High Court seeking sanctions over the alleged violation of court orders relating to a controversial U.S.-funded Ebola quarantine and treatment facility in Laikipia County.
In a fresh application filed before the High Court, the constitutional watchdog argues that government officials and other parties have continued with activities linked to the proposed facility despite conservatory orders issued by the court halting its establishment and operation pending the hearing and determination of the case.
The dispute centres on a facility reportedly being developed at the Laikipia Airbase in Nanyuki, a project that has sparked public debate over transparency, biosecurity, national sovereignty, and constitutional compliance.
According to the Katiba Institute, the court had expressly suspended any plans to establish, operationalise, approve, or continue construction of the facility until the legal questions raised in the case are fully addressed.
However, the organisation claims that work on the project has continued despite the court’s intervention.
“This continued defiance exposes a troubling diplomatic and legal posture,” the Katiba Institute said in a statement issued on Wednesday, June 10.
The organisation further alleged that instead of complying with rulings issued by Kenya’s courts, the governments involved have chosen to engage only through executive channels, effectively sidelining constitutional safeguards and judicial oversight.
The latest legal action follows an earlier petition filed by the institute on June 2, which prompted the High Court to issue conservatory orders designed to freeze any developments connected to the facility.
The orders also barred the admission, transfer, receipt, or facilitation of entry into Kenya of individuals exposed to or infected with Ebola through the programme under challenge.
Katiba Institute argues that the agreement underpinning the project was negotiated without adequate public participation and has raised significant concerns regarding public safety, accountability, and compliance with constitutional requirements.
The organisation further claims that authorities have failed to comply with separate court directives requiring the disclosure of documents, agreements, operational plans, and safety protocols related to the project.
Nora Mbagathi, Executive Director of the Katiba Institute, accused both Kenyan and U.S. authorities of disregarding judicial authority and undermining constitutional governance.
“We are witnessing a profound disrespect for Kenya’s sovereignty and our constitutional rule of law. The fact that construction continues and vital documents remain hidden, in direct violation of a High Court order, shows that the U.S. and Kenyan governments see themselves as above our courts,” Mbagathi said.
She added: “They must be reminded that Kenya is a sovereign republic with a Constitution that protects its people, not an offshore containment zone where foreign entities can operate above the law.”
The institute maintains that even urgent public health and diplomatic initiatives must remain subject to constitutional accountability, transparency requirements, and the rule of law.
The controversy comes amid heightened regional concern over Ebola preparedness measures and efforts by governments and international partners to strengthen disease surveillance and emergency response capabilities.
Despite the allegations raised in the latest petition, the Kenyan government has yet to formally respond to the application before the court.
However, when questioned by journalists on Wednesday, Health Cabinet Secretary Aden Duale maintained that the government was complying with all court directives and acting within the law.
The matter is expected to return to court in the coming days, where judges will determine whether any parties violated the existing orders and whether sanctions should be imposed. The outcome could have significant implications for both the future of the Ebola preparedness project and the broader debate surrounding transparency and constitutional oversight in international health partnerships.
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