Katiba Institute has accused the government of defying court orders by allowing work to continue on a controversial US-backed Ebola quarantine and treatment facility, despite High Court directives suspending the project and requiring disclosure of key documents.
The rights organisation has escalated the matter by filing an application at the High Court seeking to have senior government officials cited for contempt of court over alleged non-compliance with earlier orders related to the project.
In its application, Katiba Institute argues that Attorney General Dorcas Oduor and Health Cabinet Secretary Aden Duale have failed to comply with directives issued on May 28 and June 2, 2026, which were intended to regulate the implementation of the facility pending the determination of an ongoing constitutional petition.
The organisation alleges that, despite existing conservatory orders, activities tied to the establishment of the Ebola quarantine and treatment facility have continued. It argues that this amounts to deliberate disregard of binding judicial directions and undermines the authority of the High Court.
Through its lawyer, Malidzo Nyawa, Katiba Institute says the government has not demonstrated compliance with the court’s orders and has instead proceeded in a manner inconsistent with those directives.
"The respondents have failed to demonstrate compliance with the orders issued by this Honourable Court and have continued to act in a manner that undermines the authority of the court," Nyawa states in the application.
The organisation is seeking orders compelling the court to find the Attorney General and the Health Cabinet Secretary in contempt, and to impose sanctions if deliberate disobedience of court orders is established.
Katiba Institute is also seeking a conservatory order compelling the government to file a detailed status report on the Ebola treatment facility. It says the report should outline the progress of construction, steps taken to comply with court directives, and the current status of the project.
"The filing of a status report is necessary to enable the court to ascertain compliance with its orders and provide accountability on a matter that has generated considerable public concern," the institute argues.
The dispute over the facility has been ongoing, with Katiba Institute previously filing a petition challenging aspects of the project, including compliance with constitutional and procedural requirements.
Following the court’s conservatory orders suspending the proposed Ebola quarantine facility at Laikipia Air Base, US officials said they were aware of the legal action and were engaging Kenyan authorities to address concerns raised over the project.
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