This letter serves as a formal and public request for your immediate compliance with the binding orders of the Kenyan judiciary regarding the establishment of the proposed Ebola quarantine and bio-isolation facility at Laikipia Airbase. Proceeding with this project in defiance of the courts undermines Kenya’s constitutional sovereignty and rule of law.

The Kenyan court has issued explicit orders halting further development of this facility and prohibiting the transfer of any patients into the country.

Despite the U.S. Government acknowledging these orders on 2 June, a report in the New York Times from 10 June confirmed that U.S. officials had not halted construction. The stated rationale was that the U.S. would act only on official communications from the host government, not on orders from Kenya’s independent judiciary.

This position is no longer legally or diplomatically tenable.

Recently, the Katiba Institute successfully secured a contempt of court order against Health Cabinet Secretary Aden Duale regarding the continuation of this project. Following the Court’s finding, CS Duale issued a formal apology and affirmed on official court record that the Kenyan government had fully complied with the court orders by stopping the establishment of the Ebola facility at Laikipia airbase. Specifically, the CS stated:

’13. I wish to confirm to the court that the establishment of quarantine facilities at Laikipia Airbase have, forthwith, been stopped pending the substantive determination of the Petition.’

Given the U.S. government’s stated position that it relies on direct communication from the Kenyan executive branch, we trust that these unequivocal and on-the-record commitments by a Kenyan Cabinet Secretary satisfy those requirements.

We trust that these government statements will result in the immediate halt of all construction and implementation of the facility and that the full orders of the Kenyan court will be respected by both governments.

Download the Demand Letter