Health Cabinet Secretary Aden Duale has urged the High Court to throw out petitions challenging the government’s Ebola preparedness initiatives.
He insisted that plans to establish an isolation and treatment centre at the Laikipia airbase are lawful and necessary to safeguard the country against a potential regional outbreak.
In court documents, Duale defended Kenya’s partnership with the United States, dismissing claims that the proposed facility is intended solely for foreign nationals.
He said the project is one component of a broader national strategy aimed at strengthening the country’s capacity to respond to infectious disease emergencies.
The petitions, lodged by the Katiba Institute and the Law Society of Kenya, contend that the government failed to comply with constitutional requirements relating to public participation, transparency and parliamentary oversight before implementing the project.
But Duale maintained that the Laikipia centre is among 23 preparedness facilities planned nationwide and is intended to serve everyone within Kenya’s borders in the event of a public health crisis.
“The facilities are not established for the exclusive benefit of foreign nationals, foreign governments or any special category of persons,” Duale stated in his affidavit.
He added that the centres are designed to protect Kenyan citizens as well as residents, refugees, visitors, diplomats and expatriates who may be within the country.
According to the Health CS, the Laikipia facility will be jointly managed by the Ministry of Health and the Kenya Air Force.
He told the court that by June 3, the Democratic Republic of Congo had reported 1,083 suspected Ebola cases and 259 deaths, including 321 laboratory-confirmed infections.
Uganda, he said, had recorded 12 confirmed cases and two fatalities.
While Kenya has not registered any confirmed Ebola infections, Duale noted that health authorities had investigated 22 suspected cases reported in counties such as Nairobi, Kiambu, Kisumu and Bungoma, all of which tested negative.
He argued that the government’s actions are preventive and legally grounded, saying preparedness is essential in addressing potential health threats before they escalate.
“An ounce of prevention is worth a pound of cure,” Duale said.
The Cabinet Secretary also dismissed claims that cooperation with the United States compromises Kenya’s sovereignty, stressing that all public health decisions remain under the control of the Kenyan state.
“International cooperation does not mean surrender of national authority and sovereignty,” he stated, adding that Kenya retains full responsibility for decisions affecting public health within its territory.
Duale further told the court that Kenya and the United States have worked together under a biological threat reduction partnership since 2015, an arrangement that received parliamentary approval in 2017.
He added that the US has invested approximately USD 8 billion in Kenya’s health sector over the last 23 years.
He also argued that the law authorises the government to establish quarantine and isolation facilities as a precautionary measure against infectious diseases, including outbreaks occurring outside Kenya that could pose a foreseeable threat to the country.
“A purposive and contextual interpretation of the Public Health Act supports the establishment and utilization of quarantine and isolation facilities within Kenya as preparedness and preventive measures where an outbreak occurring outside Kenya poses a foreseeable risk to public health within the country,” read the court documents.
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