A Kenyan High Court on Friday temporarily suspended a controversial plan by the United States government, in collaboration with Kenya, to establish a quarantine and treatment facility in the country for American nationals potentially exposed to the Ebola virus in the Democratic Republic of the Congo.

The High Court’s Constitutional and Human Rights Division certified as urgent an application filed by the Law Society of Kenya (LSK) and the Katiba Institute.

It granted interim conservatory orders restraining the Kenyan government and other respondents from establishing, operationalizing, approving, or facilitating any Ebola-related quarantine, isolation, exposure, or treatment facility under any arrangement with the US or any other foreign government.

The court also barred the respondents from admitting, transferring, receiving, or facilitating the entry into Kenya of any persons exposed to or infected with Ebola under the proposed arrangement. The matter is scheduled for mention on June 2, 2026, for further directions.

Lack of consultation and biosafety risks

The LSK and Katiba Institute filed the petition after reports emerged that Nairobi and Washington had agreed on the establishment of the facility at the Kenya Air Force’s Laikipia Air Base, located outside Nanyuki town in central Kenya.

The petitioners argued that the process lacked public participation, transparency, and compliance with public health, environmental, and biosafety laws.

Kenya currently has no active Ebola cases. Petitioners emphasized that the country lacks the high-containment capacity required to safely manage such a facility, thereby exposing the public to serious health risks.

Katiba Institute highlighted public statements by US Secretary of State Marco Rubio, who stressed that preventing Ebola from reaching the United States is a top priority of American foreign policy.

The institute argued that Kenya had been selected as an alternative containment site, effectively externalizing infectious disease risk management to Kenyan territory.

Ebola, according to the World Health Organization, is a severe and often fatal disease with no universally approved cure for the Bundibugyo strain behind the latest outbreak.

It is highly infectious and poses a significant threat to public health systems with limited containment capacity. This, the petitioners submitted, constitutes a direct threat to the right to life (Article 26) and health (Article 43) under the Kenyan Constitution, requiring the state to exercise maximum precaution.

Biosafety level concerns

The petitioners further argued that handling the Ebola virus requires a Biosafety Level 4 (BSL-4) facility, with specialized equipment and highly trained staff. Kenya’s laboratories are classified at BSL-1 to BSL-3 levels only.

BSL-3 facilities, which handle high-risk diseases such as tuberculosis and HIV, are limited in number, with only three currently available nationwide. “What if there is an outbreak of Ebola? Can we manage to contain it?” the petitioners asked.

Public outcry and US position

The proposal has sparked significant public outcry in Kenya, with many citizens voicing opposition on social media platforms, questioning why the facility is being established in the country rather than near the outbreak’s origin in the Democratic Republic of the Congo.

An earlier statement by the US Department of State noted that Washington intended to commit $13.5 million toward Kenya’s Ebola preparedness efforts.

Current outbreak situation

As of late May 2026, the DR Congo has reported nearly 21 confirmed cases, including 17 deaths, along with 246 suspected fatalities and 1,077 suspected cases. 

Authorities believe the true figures are higher. One patient has recovered and been discharged.