The High Court has certified as urgent an application by the Law Society of Kenya (LSK) and Katiba Institute seeking contempt proceedings against the Attorney-General and the Cabinet Secretary for Health over the alleged defiance of court orders stopping the establishment of a US-backed Ebola treatment and quarantine facility in Laikipia County.
In directions issued on Thursday, Lady Justice Patricia Nyaundi Mande ordered that the respondents be served with the application by the close of business on June 12 and directed them to file their responses within 24 hours of service and not later than June 15.
The judge further granted the applicants leave to file a supplementary affidavit by June 16 and scheduled the matter for mention on the same day for further directions.
The contempt application was filed by Katiba Institute and the LSK, who accuse the Attorney-General and the Health Cabinet Secretary of disregarding conservatory orders issued by the High Court on May 28 and June 2, 2026, concerning the proposed Ebola facility at the Laikipia Air Base.
According to court documents, the petitioners contend that despite the existing orders, the government has continued facilitating the construction of the facility, allowed the arrival of foreign personnel and equipment, and failed to disclose key documents relating to the project as directed by the court.
In a certificate of urgency filed alongside the application, lawyer Joshua Malidzo Nyawa argues that the conduct of the respondents amounts to a direct challenge to the authority of the Judiciary.
“The Respondents have engaged in conduct that amounts to a confrontation with the Judiciary by openly, willfully, deliberately, and continuously disobeying and violating existing court orders,” he states.
The application arises from consolidated constitutional petitions challenging the legality of the proposed facility on grounds that it was undertaken without adequate public participation, parliamentary oversight, and sufficient consideration of public health and environmental concerns.
The petitioners rely on reports from local and international media outlets, including Reuters and the New York Times, which they say indicate that construction activities have continued at the Laikipia Air Base despite the court orders.
The reports allegedly show the presence of structures, tents, vehicles, military aircraft, and personnel linked to the project.
The applicants further allege that the Health Cabinet Secretary publicly acknowledged the existence of the court orders but indicated that work on the facility would proceed.
In a supporting affidavit, Katiba Institute Executive Director Nora Mbagathi argues that the continued implementation of the project despite court orders undermines the rule of law and public confidence in the administration of justice.
The petitioners are seeking orders citing the Attorney-General and the Health Cabinet Secretary for contempt of court, appropriate sanctions against the officials, and a directive compelling the government to file a report detailing the status of the project and its compliance with previous court orders.
They argue that failure to enforce the court’s directives would erode the authority of the Judiciary and violate constitutional principles of governance, accountability, and the rule of law.
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