KELIN has been granted leave to participate as the 1st Interested Party in a constitutional petition challenging the proposed establishment of an Ebola preparedness facility in Kenya.
The matter, Katiba Institute v Attorney-General & Others (Petition No. E333 of 2026), came up for mention before Justice Patricia Nyaundi on 2 June 2026.
The petition raises questions relating to transparency, accountability, public participation and access to information concerning the proposed facility and related arrangements between the Government of Kenya and the Government of the United States.
In allowing KELIN to join the proceedings, the Court directed the organisation to file its supporting documents within four days.
As an Interested Party, KELIN will contribute a right to health and public health governance perspective to the case. The organisation’s participation will focus on issues of transparency, accountability, public trust, access to information, health preparedness and the safeguards that should accompany decisions involving the management of highly infectious diseases.
The Court also noted that a similar petition had been filed by the Law Society of Kenya and directed that the two matters proceed together, with the Katiba Institute petition serving as the lead file.
Importantly, the Court extended conservatory orders preserving the status quo pending further consideration of the matter. The orders restrain the implementation of the proposed facility and related arrangements until the Court has had an opportunity to consider the issues raised by the parties.
To facilitate the hearing of the case, the Court directed the Government to provide within seven days:
- Details of any agreements, arrangements or plans relating to the proposed facility;
- Information on health, environmental and safety assessments undertaken;
- Details of any approvals obtained from Parliament, regulatory bodies or county governments; and
- Protocols governing the handling, isolation and treatment of exposed individuals.
The Court’s directions underscore the importance of transparency and accountability in public health decision-making, particularly where proposed interventions may have significant implications for public health governance and public confidence.
The matter will be mentioned on 23 June 2026 for parties to highlight their respective positions and for further directions from the Court.
KELIN will continue to monitor the proceedings and contribute its expertise on health rights, public health governance and accountability in health systems.
For copies of the Petition by Katiba Institute please see: https://katibainstitute.org/katiba-institute-files-a-petition-challenging-the-proposed-establishment-of-ebola-quarantine-and-treatment-facilities-in-kenya/
For more information and enquiries, please contact:
Mitchelle Omuom
Advocate,
Karen C, Kuwinda Lane, Off Langata Road
P.O. Box 112 – 00202 KNH
Nairobi
Email: achiengomuom@kelinkenya.org
