Kenya has suspended construction of a controversial US-funded Ebola quarantine facility, a day after Health Minister Aden Duale was found in contempt of court for failing to comply with a judicial order halting the project.
Appearing before the High Court on Tuesday, Duale apologised and announced that he had ordered the “immediate and complete cessation” of all construction activities at the site, located inside a military base in Nanyuki.
The 50-bed quarantine centre, intended to house US citizens suspected of contracting Ebola during the ongoing outbreak in the Democratic Republic of Congo, has become the focus of a growing legal and political dispute.
Last month, the High Court ordered construction to stop pending the hearing of a petition filed by rights group Katiba Institute, which argued that the project posed serious public health concerns. However, the court ruled on Monday that the government had continued work despite the order.
In a rare courtroom appearance by a sitting cabinet minister, Duale expressed regret over the situation and denied deliberately defying the judiciary.
“I sincerely regret any action or omission, misunderstanding or misinterpretation that may have resulted in non-compliance with the order of this court,” he told the judge, insisting that he would be “the last person” to disregard a court directive.
Justice Patricia Nyaundi accepted the apology and discharged the minister with a stern warning. Lawyers representing the petitioners had urged the court to impose a 15-month jail sentence for contempt.
Duale also revealed that Kenya and the United States had agreed to suspend their collaboration on the project until the legal challenge is resolved.
Despite the suspension, satellite imagery reviewed by BBC Verify showed that construction had continued in recent weeks. Images captured on June 20 revealed additional tents, expanded paved areas and fresh land clearance around the site compared with images taken earlier in the month.
The facility has sparked fierce opposition in Nanyuki, where protests against the project have intensified. At least three people have died during demonstrations after clashes with police.
One of the victims, 17-year-old Sylvester Muigai Ndung’u, was reportedly shot in the head during the unrest. Witnesses accused security forces of using excessive force, although police said they were awaiting post-mortem results before determining the cause of death.
Defending the project in court, Duale argued that fears surrounding the facility were not supported by science.
“The fear that the facility could serve as a vehicle for Ebola importation into surrounding communities is scientifically unfounded,” he said, noting that the site is located within a military airbase and protected by strict security measures.
The government had previously argued that ongoing construction was being carried out solely by Kenyan authorities to strengthen national Ebola preparedness and therefore did not violate the court order.
The judge rejected that argument, stating that the government could not evade compliance by simply rebranding the construction effort.
“A court order is not an invitation to ingenuity. It is a command to be obeyed,” Justice Nyaundi said.
President William Ruto has also defended the project, saying Kenya accepted a US request to establish the facility on humanitarian grounds. He urged politicians not to politicise the Ebola outbreak and warned against spreading fear over a public health issue.
The controversy comes despite Kenya recording no Ebola cases. The current outbreak is centred in the Democratic Republic of Congo, which has reported more than 1,000 confirmed infections, while neighbouring Uganda has recorded 20 cases, most linked to cross-border transmission.
The proposal has drawn criticism from the Kenya Medical Practitioners, Pharmacists and Dentists Union, which questioned why Kenya should host a quarantine centre for potentially exposed American citizens.
Union Secretary-General Davji Bhimji Atellah said Kenya should not be treated as a “containment colony” for a deadly disease originating elsewhere.
Washington has pledged $13.5 million to support Kenya’s Ebola preparedness efforts, part of a broader $112 million regional response package aimed at containing the outbreak across East Africa.
