Court Stops Proposed Ebola Quarantine Facility in Kenya after Katiba Institute challenged the US-linked plan in High Court.
The High Court in Nairobi has stopped the government from establishing or operationalizing any Ebola-related quarantine or treatment facility in Kenya under arrangements involving the United States or other foreign agencies.
Justice P.M. Nyaundi issued the conservatory orders on May 28 after Katiba Institute filed an urgent petition challenging the proposed plan. The court certified the matter as urgent.
The ruling bars the government from approving, facilitating, or allowing any Ebola exposure, quarantine, isolation, or treatment facility linked to foreign agreements. The orders will remain in force pending an inter-parties hearing.
Court Also Blocks Entry of Ebola-Exposed Persons
The court further stopped authorities from admitting or transferring Ebola-exposed or infected persons into Kenya under the disputed arrangement. The ruling also restrains government agents from facilitating such entry.
Justice Nyaundi directed Katiba Institute to serve the petition and application within 24 hours. The respondents must file responses within 48 hours after receiving the documents.
The petitioner also received permission to file an additional affidavit after reviewing the responses. The case will now proceed to further hearings before the court.
Katiba Institute Raises Constitutional Concerns
Katiba Institute challenged the proposed Ebola facility through a petition filed on May 28. The organization argued that the arrangement raises major constitutional and public health concerns.
The petition seeks to permanently stop the establishment or approval of Ebola-related facilities under foreign agreements. Katiba Institute also wants the government to disclose all agreements and negotiations linked to the proposal.
The organization asked the court to compel the Health Cabinet Secretary to present a detailed Ebola preparedness plan. The petition cites concerns over public participation, health rights, environmental safety, and parliamentary oversight.
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