Advocate of the High Court Harrison Kinyanjui has raised questions about an Ebola-related patent application, arguing that its contents warrant public scrutiny over the origins of the virus, vaccine research and the potential misuse of dangerous pathogens.
Speaking during a Radio Generation on Tuesday, Kinyanjui cited United States patent application US 20120251502 A1, questioning its references to an invention, virus isolation and vaccine development. He argued that the document raises concerns about the relationship between biological research, ownership of scientific discoveries and the possibility of pathogens being weaponised against Africans.
The lawyer questioned why researchers would seek patent protection involving a virus associated with severe illness and deaths, suggesting that international disease-control measures could have implications beyond protecting public health.
“Why would you want to patent a pathogen in this instance, a very dangerous one that you know can cause fatalities? And in this particular patent, they outline the purported sources of this pathogen, the Ebola virus. It is supposed to be crossing over from monkeys, crossing over from bats to the human being.” Kinyanjui said.
He urged Kenyans to obtain and examine the patent document independently, arguing that its wording raised questions about how scientific inventions are described, who claims ownership of them and what role vaccine development plays in such research.
“They state that the virus was manufactured, claim ownership through a patent and indicate that a vaccine exists. I urge everyone listening to examine the document for themselves, study it carefully and verify its contents, particularly the repeated references to an invention throughout its paragraphs,” he said.
Kinyanjui also questioned scientific investigations into the possibility of Ebola spreading through aerosol particles. He asked why researchers would explore airborne transmission when established public health guidance identifies direct contact with infected bodily fluids and contaminated materials as key routes through which the virus spreads.
The lawyer further referred to a dispute involving Kenya Airways during the 2014–2016 West African Ebola outbreak, arguing that measures introduced in response to disease outbreaks could disrupt economic activity and international travel.
“What am I saying? That the use of these pathogens to try and stop you on your economic expansion is there,” he stated.
According to the United States patent database, application US 20120251502 A1 is titled Human Ebola Virus Species and Compositions and Methods Thereof. The application concerns the Bundibugyo virus, which was identified during an outbreak in Uganda in 2007, and describes research involving the virus, diagnostic methods and possible preventive or treatment products.
However, the existence of a patent application describing a pathogen, related biological material or methods of studying and combating a disease does not, on its own, establish that the virus was artificially created or intended for harmful purposes.
Ebola is a severe viral disease first identified in 1976 following two outbreaks in areas that are now part of the Democratic Republic of Congo (DRC) and South Sudan. At the time, the countries were known as Zaire and Sudan, respectively.
The outbreak in Zaire recorded 318 cases and 280 deaths, while the Sudan outbreak resulted in 284 cases and 151 deaths.
The World Health Organisation (WHO) says Ebola can spread to humans through contact with infected animals and from one person to another through direct contact with infected blood, secretions, organs and other bodily fluids. Transmission can also occur through contact with materials contaminated by such fluids.
Five recognised viruses belong to the group: Ebola virus, Sudan virus, Bundibugyo virus, Taï Forest virus and Reston virus. Four have been linked to disease in humans, while Reston virus has caused human infections without recognised symptomatic illness.
Scientists have yet to conclusively establish the natural reservoir of Ebola. However, fruit bats are widely considered a likely host, although the exact source of the virus in nature remains unconfirmed.
The disease can initially cause fever, fatigue, muscle pain, headaches and a sore throat. In some patients, symptoms progress to vomiting, diarrhoea and bleeding.
Ebola has an average case fatality rate of about 50 per cent, although rates recorded in previous outbreaks have ranged from 25 to 90 per cent, depending on the outbreak and the circumstances surrounding treatment and care.
Kinyanjui's remarks centre on questions about the interpretation of patent documents, the origins of Ebola and the possible use of pathogens for purposes beyond public health. While he has called on the public to scrutinise the patent, the document's existence alone does not prove that Ebola was manufactured in a laboratory or developed as a biological weapon.