NAIROBI, Kenya, May 29 — The High Court has temporarily barred the government from establishing or operationalising any Ebola quarantine, isolation or treatment facility in Kenya linked to arrangements with the United States or any foreign government pending further hearing of a petition challenging it.
Justice Patricia Nyaundi issued the orders after certifying as urgent a petition filed by Katiba Institute challenging the planned facilities and the possible transfer or admission of Ebola-exposed persons into Kenya.
The court noted that the petitioner had raised concerns over an alleged imminent threat to life should conservatory orders fail to issue.
Justice Nyaundi further ruled that public interest favoured granting interim relief.
“The application is certified as urgent,” Justice Nyaundi ruled in orders dated May 28.
Among the key orders issued, the court restrained the respondents from establishing, facilitating, approving or permitting the operation of any Ebola exposure, quarantine, isolation or treatment facility in Kenya linked to arrangements with the United States or any foreign government.
It further prevented them from admitting into Kenya, transferring, receiving or facilitating the entry of persons exposed to or infected with Ebola under the disputed arrangement.
The petition was filed by Katiba Institute, which argues that the proposed move raises concerns over public safety and constitutional safeguards.
According to court documents, the application is supported by an affidavit sworn by Nora Mbagathi, who contends that urgent intervention was necessary to prevent potential harm before the matter is fully heard.
The court directed the petitioner to physically serve the notice of motion and petition on the respondents within 24 hours.
Respondents were ordered to file their responses within 48 hours of being served, while the petitioner was granted leave to file a further affidavit within one day after receiving the responses.
The matter will be mentioned on June 2, for further directions.
The conservatory orders remain in force pending the inter-partes hearing of the application.
