Former Chief Justice David Maraga has challenged President William Ruto's administration to explain why it defended the establishment of a foreign Ebola quarantine facility in Laikipia, only to reject similar arrangements months later, following Health Cabinet Secretary Aden Duale's declaration that Kenya would not host travellers seeking to meet other countries' Ebola-related entry requirements.
Maraga accused the government of double standards, arguing that its latest position reflects the same concerns raised by residents who opposed the Laikipia facility and lost their lives during demonstrations against the agreement five months ago.
In a statement issued on Thursday, the former Chief Justice questioned why the administration had dismissed public objections and defended the arrangement when it was first introduced, yet was now advancing the very arguments protesters had made.
"Now Duale steps before the cameras at Afya House to recite the very principles those slain protesters died defending," Maraga said.
He accused Ruto's administration of putting foreign interests, particularly those of the United States, ahead of Kenya's safety, sovereignty and dignity.
Five months ago, hundreds of residents in Laikipia took to the streets to protest plans to establish an Ebola quarantine facility for foreign nationals. Maraga claimed police used live ammunition to disperse the demonstrators, leaving two young Kenyans dead.
He questioned the government's decision to enter into and defend the agreement if the proposed arrangement had no backing under international health rules.
"If serving as a quarantine hub had 'no basis in International Health Regulations', why was it signed, defended and enforced with police violence in the first place?" he posed.
Maraga further demanded answers over the deaths, insisting that the government could not now embrace the protesters' position without addressing the circumstances in which they were killed.
"This regime cannot adopt the protesters' demands five months later while staying silent on the bullets that killed them," he said.
He also accused the administration of treating dissent as a crime and ignoring legitimate concerns raised by Kenyans over the bilateral agreement. Maraga argued that the President had lost his moral authority to lead after the handling of the matter.
His criticism followed Duale's announcement on Wednesday that Kenya had discharged its last Ebola patient and released the remaining 11 contacts who had been under quarantine.
The Health CS ruled out Kenya becoming a holding centre for foreign travellers seeking to fulfil Ebola-related travel conditions imposed by other countries.
He said the Ministry of Health would not issue quarantine documents or Ebola-free certificates to facilitate international travel, maintaining that such requirements were not supported by the International Health Regulations.
"Kenya will not serve as a quarantine centre for any jurisdiction," Duale said.
However, the Cabinet Secretary declined to explain what the government intended to do with the Laikipia Ebola Isolation Centre at Laikipia Air Base in Nanyuki, citing ongoing court proceedings.
"The matter is before court, so we will not answer that question," he said.
The facility was set up under a partnership between the Kenyan and US governments to support the monitoring and isolation of people arriving from Ebola-affected areas, including Uganda and the Democratic Republic of Congo.
Kenya has not reported any new Ebola infections since October 19. Seven patients recovered from the disease, while two deaths were recorded during the outbreak.
The government has since started a 42-day countdown, which is expected to end on December 23. If no new infections are reported during that period, Kenya could be declared Ebola-free.