KELIN has filed its response in Constitutional Petition No. E333 of 2026, Katiba Institute v Attorney-General & Others, a matter currently before the High Court concerning the proposed establishment of Ebola preparedness facilities in Kenya.
On 2 June 2026, the Court granted KELIN leave to participate in the proceedings as the 1st Interested Party. The case raises important questions about public health preparedness, transparency, access to information, accountability and the safeguards that should accompany measures intended to respond to highly infectious diseases.
As part of its participation in the matter, KELIN has filed two affidavits: one sworn by its Executive Director, Allan Maleche, and another by Dr. Paul Yonga, an Infectious Disease Specialist and Clinical Epidemiologist.
In its filings, KELIN draws on its experience in health rights, public health governance and infectious disease-related litigation, including work on tuberculosis isolation measures and public health interventions during the COVID-19 pandemic. KELIN’s position is that public health preparedness and constitutional accountability go hand in hand, and that measures involving the management of highly infectious diseases should be accompanied by transparency, access to information, public trust and appropriate oversight.
The Ministry of Health, through the Cabinet Secretary for Health, Hon. Aden Duale, has also filed a response outlining Kenya’s public health preparedness obligations , the regional and international context surrounding Ebola outbreaks, and existing cooperation arrangements between the Governments of Kenya and the United States on disease preparedness and biological threat reduction.
The County Government of Laikipia, which has been joined to the proceedings as the 4th Interested Party, has similarly filed a response raising concerns relating to consultation, public participation, risk management and the role of county governments in preparedness measures affecting local communities.
Following the filing of the responses, Katiba Institute filed a further application alleging non-compliance with previous court orders relating to disclosure and the continued development of the proposed preparedness facilities. On 11 June 2026, the Court certified the application as urgent, directed service upon the Respondents and set timelines for the filing of responses ahead of a further mention on 16 June 2026.
The case provides an opportunity for the Court to consider how public health preparedness measures should be implemented within a constitutional framework that promotes transparency, accountability and public confidence. It also raises broader questions about the role of public participation, access to information and oversight in public health decision-making.
KELIN will continue to participate in the proceedings and contribute its expertise on health rights, public health governance and accountability within health systems.
For further information, please contact:
Mitchelle Omuom
Advocate, KELIN
Email: achiengomuom@kelinkenya.org
litigation@kelinkenya.org
