Katiba Institute has asked the High Court to find government officials in contempt of court, arguing that construction linked to the controversial Ebola quarantine and treatment facility at Laikipia Air Base has continued despite court orders suspending the project.
In a further affidavit filed before the court, the institute's Executive Director, Nora Mbagathi, challenged the government's assertion that it fully complied with orders issued on May 28 and June 2, 2026, halting activities related to the facility.
Mbagathi argued that the government's own admissions demonstrate that work on the project is still ongoing.
"By admitting in his own affidavit that construction at Laikipia Air Base continues, the Cabinet Secretary has validated the very media reports he seeks to discredit. He cannot simultaneously dismiss those reports as unreliable and rely on the same factual reality they describe to advance his 'independent activity' defence," she stated.
According to court documents, Mbagathi pointed to public statements made by President William Ruto and government officials acknowledging that the United States is funding and constructing the facility pursuant to a bilateral arrangement.
"The Cabinet Secretary has since admitted that the United States of America is constructing the facility pursuant to an agreement and that the United States of America is supporting Kenya with funding. The President, while in Wajir, stated that Kenya was requested to host the arrangement and that he agreed. He reiterated similar remarks while in South Africa," the affidavit reads.
She maintained that these admissions reinforce claims that the collaboration between Kenya and the United States remains active notwithstanding the court orders.
Mbagathi further faulted the government for failing to provide evidence that it formally notified the United States that the project had been suspended in compliance with the court's directives. She also argued that allegations regarding the involvement of American personnel in the construction and operationalisation of the facility remain unanswered.
The Katiba Institute director cited reports quoting a United States official who allegedly stated that construction continued because Kenya had not directly instructed the US government to stop the works, saying the remarks contradict claims that the collaboration was immediately suspended.
On the issue of disclosure, Mbagathi accused the government of failing to comply with court orders requiring the release of documents related to the project.
She told the court that the respondents had not produced the specific agreement governing the establishment of the facility, public health and environmental impact assessments, approvals from relevant regulatory agencies, or operational protocols.
Mbagathi argued that the 2016 Biological Engagement Programme agreement relied upon by the government is merely a broad cooperation framework and does not constitute the specific agreement authorising the Laikipia facility.
She urged the court to find the respondents in contempt, contending that there has been continued facilitation of the project and a failure to disclose crucial information despite clear court directives.
Comments
Sign in with Google to comment, reply, and like comments.
Continue with Google