The High Court has directed Health Cabinet Secretary Aden Duale to publicly disclose details of a controversial Sh1.74 billion Ebola quarantine facility linked to the United States, as legal and public scrutiny over the project continues to grow.
The court issued the directive on Tuesday after the State failed to file responses or appear in court in a case challenging the government's decision to host American nationals exposed to or infected with Ebola. At the same time, the court extended conservatory orders stopping the implementation of the plan pending the hearing and determination of the petition.
The project, which involves the establishment of a 50-bed quarantine and treatment facility at an air force base in Nanyuki, has sparked concern among Kenyans who question the country's preparedness to manage a possible Ebola outbreak and safeguard public health. Critics have also raised concerns that Kenya could be taking on health risks associated with caring for infected patients on behalf of the United States.
In its ruling, the court ordered Duale and the Ministry of Health to provide full details of the arrangement within seven days. The disclosure is to be made to both the public and the petitioner, Katiba Institute.
According to the court order, the ministry must release the full terms of any agreement entered into with the US government, including any memoranda, negotiations or related documents concerning the proposed facility. The court also directed the government to indicate whether the project received approval from Parliament, relevant regulators and county authorities.
Further, the ministry has been ordered to make public all health, environmental, biosafety and security assessments connected to the facility. It must also disclose the protocols that would be used in admitting, isolating, handling and treating individuals exposed to the Ebola virus.
The case has attracted widespread public attention, reflecting growing concern over the government's decision to host a facility intended for Americans exposed to or infected with Ebola in the Democratic Republic of Congo and Uganda.
Court proceedings were followed by 359 participants through a virtual session, highlighting the level of public interest surrounding the matter.
Reports presented in court indicated that the facility would initially accommodate 50 people but could later be expanded to hold up to 250 patients. The proposed centre is planned for a military installation in Laikipia County.
The conservatory orders issued by the court remain in force, preventing the government from establishing any Ebola quarantine, isolation or treatment facility under the proposed arrangement. The orders also prohibit the admission of Ebola-exposed individuals into the country through the contested programme.
The court further consolidated a separate petition filed by the Law Society of Kenya with the case earlier lodged by Katiba Institute. In addition, the Kenya Human Rights Commission and the County Government of Laikipia were allowed to join the proceedings as interested parties.
The case is expected to further test the government's handling of the proposed facility as questions continue to be raised over public health safeguards, transparency and compliance with constitutional requirements.