US optimistic court case on Ebola facility will be resolved

The United States government has said it is in contact with Kenyan authorities following a High Court ruling that temporarily halted the establishment and operationalisation of an Ebola-related isolation facility in the country.

In a brief statement responding to the matter, the US Foreign Assistance Office said it was aware of the court action filed in Kenya.

It, however, expressed optimism that the concerns raised could be addressed through engagement with relevant authorities.

“We are aware of the court action filed in Kenya against the Ebola isolation facility. We are in touch with Kenyan authorities and are optimistic we can resolve objections,” the statement read.

The response comes a day after the High Court suspended its establishment under arrangements involving the United States or any other foreign government or agency.

The ruling followed a petition filed by governance watchdog Katiba Institute, which argued that the proposed arrangement raised serious constitutional, legal, and public health concerns.

In its application, Katiba Institute sought to halt what it described as the disputed arrangement, contending that it was being implemented without adequate public participation and in violation of constitutional safeguards.

The court agreed to issue interim orders, effectively freezing the project pending the hearing of the case.

The court further restrained the State from admitting, transferring, receiving, or facilitating the entry into Kenya of persons exposed to or infected with the Ebola virus under the disputed framework.

In a related development, Katiba Institute formally wrote to the United States State Department and the U.S. Health Department, notifying them of the court’s decision.

In the letter signed by Executive Director Nora Mbagathi, the organisation described the ruling as a binding judicial directive that immediately halts any proposed U.S.-backed Ebola quarantine, isolation or treatment facility within Kenyan territory.

Katiba Institute emphasised that the court’s orders also prohibit any logistical preparations or operational steps that would contravene the ruling, urging the United States to respect Kenya’s legal and constitutional processes.

"While international cooperation in global health is necessary, it cannot bypass constitutional safeguards," the letter stated.

"The people of Kenya possess a fundamental right to transparency, public participation, and a government that acts explicitly in their best interest."

The organisation further said it shared copies of the court orders, requesting the US authorities to take immediate cognisance of the ruling and halt any actions or logistical preparations that could violate the conservatory orders.

"This ruling is a clear judicial mandate. We expect the United States to respect the sovereignty of Kenya's legal system," read the letter.

The matter is expected to return to court for further hearing on June 2, 2026.