Court Update:
High Court Cites CS Duale for Contempt Over Illegal Construction of Laikipia Ebola Facility.
Today, the High Court vindicated the rule of law by finding Health Cabinet Secretary Aden Duale in contempt of court. Justice Patricia Nyaundi ruled that the government has deliberately violated existing conservatory orders by allowing construction to continue on the proposed US-backed Ebola quarantine facility at Laikipia Air Base. The Court has summoned CS Duale to appear in court tomorrow, June 23, at 11:00 am to explain the failure to comply with the previous court orders.
By finding that CS Duale has, in fact, disclosed all existing, disclosable documents relating to the facility, the Court has shed light on the government’s record-keeping regarding the project. Because these disclosures completely lack any environmental and social impact assessments or safety contingency plans, this finding confirms a deeply alarming reality: the government commenced construction on a high-risk biological quarantine facility without ever conducting the requisite impact assessments or emergency planning.
Katiba Institute brought this contempt application to defend the authority of the judiciary and Kenyans' constitutional right to public participation.
"We are witnessing a profound disrespect for Kenya’s sovereignty and our constitutional rule of law," said @NoraMbagathi, Executive Director of Katiba Institute. "The fact that construction continued in direct violation of a High Court order shows that the government believed it could operate entirely above the Kenyan judicial system. Today’s ruling sends a clear message: public health initiatives must bow to constitutional accountability, transparency, and the rule of law."
Katiba Institute demands the immediate cessation of all activities at the Laikipia site.
@joshuamalidzo
Court Update on the Ebola Facility Case:
The Court will, on Thursday, 18 June 2026, hear in open court our application seeking to hold the Attorney General and the Cabinet Secretary for Health in contempt of court for disobeying court orders that halted construction of the facility and for failing to disclose key documents. These documents include the Kenya–United States agreement, environmental and social impact assessments, and contingency plans related to the proposed facility.
.@joshuamalidzo .@NoraMbagathi
Katiba Institute, represented by @hp_gichana appeared before the Milimani High Court yesterday morning to highlight submissions in a case challenging the constitutionality of various provisions of the Public-Private Partnerships (PPP) Act and the Public Procurement and Asset Disposal (PPAD) Act.
The petition arose from concerns raised in 2024 following the award of multibillion-shilling PPP contracts to the Adani Group through privately initiated proposals.
The High Court is expected to deliver its judgment on 17 September 2026.
@NoraMbagathi , Executive Director of Katiba Institute, strongly condemned the ongoing violations:
"We are witnessing a profound disrespect for Kenya's sovereignty and our constitutional rule of law. The fact that construction continues and vital documents remain hidden, in direct violation of a High Court order, shows that the U.S. and Kenyan government see themselves as above our courts. They must be reminded that Kenya is a sovereign republic with a Constitution that protects its people, not an offshore containment zone where foreign entities can operate above the law."
This continued defiance exposes a deeply troubling diplomatic and legal posture. The actions surrounding this facility suggest that both the Kenyan and the United States governments view themselves as entirely above the Kenyan judicial system. Rather than complying with the rulings of Kenya's independent courts, the two governments only engage with their executive counterparts, effectively treating the nation's legal framework and constitutional safeguards as mere suggestions.
Katiba Institute Files Contempt of Court Application Over Secretive U.S. Ebola Facility, Condemns Continued Construction and Withholding of Documents:
We have filed an urgent contempt of court application at the High Court in Nairobi against the Kenyan government. The application addresses the blatant violation of existing conservatory and disclosure orders regarding the secretive U.S.-backed Ebola quarantine and treatment facility in Kenya.
Despite explicit court orders mandating the suspension of all plans to establish, operationalise, or approve the facility, construction and development have illegally continued. Furthermore, the authorities have defied court directives compelling the full disclosure of documents, agreements, and safety protocols regarding the facility to the public and the courts.
Read More via https://t.co/MMREraG9HR
.@NoraMbagathi .@joshuamalidzo
On the second day of the legal empowerment training, participants focus on access to information and its role in protecting, promoting, and advancing other rights.
Building on the discussions on reproductive health rights, obstetric violence, and violence against women, the sessions demonstrate how access to information can help communities seek answers, demand accountability when rights are violated and advocate for better public services.
Through practical exercises, attendees reflect on their experiences and learn how to draft information requests, engage public institutions, and use information to address issues affecting their communities.
#IDeserveToKnow #AccessToInformation #KnowYourRights
Day 1: Strengthening women's voices through legal awareness and access to information.
Katiba Institute, in collaboration with @KELINKenya, is conducting a legal empowerment training for young women and girls in Wamba, Samburu County.
Focused on reproductive health rights, access to information, and addressing violence against women, the training provides participants with practical knowledge of their rights and the tools available to claim them.
By strengthening legal awareness and access to information, this session empowers young women and girls to seek accountability, challenge injustice, and advocate for their health, wellbeing, and dignity.
#KnowYourRights #AccessToInformation #IDeserveToKnow
Yes I will write about the Judgment (Tonight, if I get the judgment). But with all due respect, this is judicial nonsense. It is a treason against the Constitution and it must be called out; openly and bluntly.
It is not about Gachagua, it is about a Judiciary that is going down
As @katibainstitute 's Access to Information project comes to a close, stakeholders in Nakuru County are reflecting on a shared goal: strengthening transparency, accountability, and citizen participation in governance.
The project sought to empower citizens to exercise their right to access information, support public institutions in proactively disclosing information, and create meaningful opportunities for communities to engage with government on issues that affect their lives.
Today's reflection session provides an opportunity to assess progress against these objectives, capture lessons learned, and explore how the gains made can be sustained beyond the project's life.
#AccessToInformation #IDeserveToKnow
The government has been directed to furnish the petitioner and the public with the full terms of any agreement, memorandum, arrangement, or negotiations concerning the proposed facility. @citizentvkenya
Court Update:
The High Court has granted conservatory orders restraining the Government from establishing, operationalising, facilitating, approving, or permitting any Ebola quarantine, isolation, exposure, or treatment facility in Kenya pursuant to the challenged arrangement with the United States or any other foreign government pending the hearing and determination of the petition.
The Court has further prohibited the admission into, transfer to, receipt within, or facilitation of entry into Kenya of persons exposed to or infected with Ebola under the challenged arrangement.
The Court has also compelled the Respondents to disclose all agreements, negotiations, approvals, risk assessments, and operational protocols relating to the proposed facility and arrangement within 7 days.
These orders maintain the current state of affairs, prevent irreversible actions from being taken before constitutional scrutiny, and ensure transparency and public accountability in a matter raising significant concerns about public health, sovereignty, and constitutional governance.
.@joshuamalidzo .@NoraMbagathi
UPDATE: High Court bars government from constructing proposed US Ebola facility or bringing American citizens to Kenya for treatment, pending hearing and determination of Katiba Institute case.
The Judiciary is not the only guardian of the Constitution.Kenyans, too, have a constitutional duty to protect and defend it.The courts have issued conservatory orders;now the people must stand behind them and reject any attempt to turn Kenya into an offshore quarantine facility.
Orders granted!
The Court certified the application as urgent and granted interim conservatory orders restraining the Respondents from establishing, operationalising, approving, or facilitating any Ebola exposure, quarantine, isolation, or treatment facility in Kenya under any arrangement with the United States or any other foreign government or agency, pending the hearing of the application.
The Court further barred the Respondents from admitting into, transferring to, receiving within, or facilitating the entry into Kenya of any persons exposed to or infected with Ebola pursuant to the impugned arrangement.
The matter is scheduled for mention on 2nd June 2026 for further directions.
Katiba Institute Files a Petition Challenging the Proposed Establishment of Ebola Quarantine and Treatment Facilities in Kenya:
Katiba Institute is challenging the proposed establishment of a quarantine facility for American citizens exposed to Ebola and other highly infectious diseases in Kenya. The petition, through Counsel @joshuamalidzo, has been filed under a certificate of urgency. It is brought against the Attorney-General, (1st Respondent) and the Cabinet Secretary for the Ministry of Health (2nd Respondent).
To ensure transparency, accountability, and court oversight before a final determination is made, KI is asking the Court to urgently:
Halt Facility Operations: Restrain the Respondents from establishing, operationalising, or approving any Ebola quarantine or treatment facility in Kenya under any arrangement with the United States or other foreign governments, pending the hearing and determination of the matter.
Prevent Entry of Exposed Persons: Bar the Respondents and their agents from receiving, transferring, or facilitating the entry into Kenya of any individuals exposed or infected with Ebola under the impugned arrangement.
Compel Contingency Planning: Require the Cabinet Secretary for Health to prepare and present to the Court, within 24 hours, a comprehensive contingency plan detailing Kenya’s preparedness measures for the prevention, surveillance, control, and response to any potential Ebola outbreak.
Mandate Full Disclosure: Compel the Respondents to disclose to KI and the public the full terms for any arrangements or negotiations regarding the proposed facility. This includes all related public health, environmental, biosafety, or security assessments; regulatory and parliamentary approvals; and the specific protocols for the admission and treatment of exposed persons.
The case affirms that even in matters of diplomacy and public health, the Constitution remains supreme and binding on all State organs. The secretive, unilateral establishment of an Ebola quarantine facility raises grave constitutional concerns regarding the rights to life, health, fair administrative action, public participation, and parliamentary oversight.
“KI is asking the Court to determine whether the Executive can expose the public to such significant risks without complying with constitutional safeguards. At its core, the case is about preserving constitutional accountability, protecting public health, and ensuring that no government may place expediency above the lives and safety of the people of Kenya.”
- @NoraMbagathi , Executive Director, Katiba Institute.
Get more details about the Petition via https://t.co/PMKnNFStbv
Hey VIP Tribe,
There are many important Bills at public participation stage. This is your opportunity to read and submit your views.
Among those currently open are:
• The Finance Bill, 2026
https://t.co/SiMMDjACnN
• The Referendum Bill, 2026
https://t.co/5Q9x6eHN0A
• Public Finance Management (Amendment) Bill, 2026
https://t.co/Jg7uhZy9Mr
• Public Finance Management (National/County Governments) (Amendment) Regulations, 2026
https://t.co/jjdfltROje
• Draft Public Finance Management (E-Citizen System Management) Regulations, 2026
https://t.co/7SgvNv27YC
• Consideration of the Estimates of Revenue and Expenditure for the National Government for FY 2026/2027 and the Medium-Term.
Most submission deadlines fall between 24th–29th May 2026.
Please don’t sit this one out. #VIP