Court told state has not released Sh1.7b Ebola facility deal
National
By
Kamau Muthoni
| Jun 20, 2026
The government is yet to make public the Sh1.7 billion deal with the American counterpart for the construction of an Ebola quarantine facility, the High Court has been told.
During the hearing of an application filed by Katiba Institute to punish the Health Cabinet Secretary, Aden Duale, and Attorney General over alleged defiance of court orders, lawyer Joshua Malidzo told High Court Judge Patricia Nyaundi that despite being ordered to supply documentation, the Ministry of Health gave the 2016 co-operation framework, which is not related to the quarantine facility.
Malidzo asserted that satellite imaging, President William Ruto’s averments and Duale’s affidavit showed that the government had gone flat out on the project meant to isolate and quarantine Americans despite clear court orders.
According to him, although Duale had claimed that the government had abandoned the American project and decided to do its own facility for Kenya Defence Forces (KDF) personnel who are on a peacekeeping mission, there was no cabinet approval, budgetary allocation, procurement documents or policy framework that had been exhibited to show that the facility is distinct from the one funded by the President Donald Trump led administration.
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“There is equipment, staff and medicine that were delivered after the court orders. There is no communication or evidence to show that the government of Kenya had suspended the construction or the agreement. Instead, there is evidence, satellite images and admission by the respondents that the project is ongoing. There is also no disclosure. This is a generic bilateral agreement that does not contain the facility in Laikipia. The President says he was requested and he okayed the facility, not a 2016 generic agreement between the two states,” argued Malidzo.
He said there was no evidence of Cabinet approval, budget allocation, procurement documents or a specific policy framework showing that the Laikipia facility is separate from the alleged US-funded project.
He further submitted that there is no proof the government halted construction or the agreement, noting instead that equipment, staff and medicines were delivered after the court orders. He also said there was no evidence of clearance from NEMA or Laikipia County.
Laikipia County lawyer Levi Munyeri accused the ministry of misinterpreting court orders and acting without evidence of funding, calling the affidavit misleading. Law Society of Kenya lawyer Kiragu Wathuta said the respondents were fully aware of the orders but continued with multiple related facilities, pointing to satellite images and official admissions.
However, the State, through lawyer Thande Kuria, maintained that all relevant documents had been supplied, including a US agreement running to 2029 and a separate WHO arrangement.
The court will deliver its ruling on Monday next week.
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