Katiba Institute is preparing to file contempt of court proceedings against the United States and Kenyan governments if it confirms that construction of the controversial Ebola quarantine facility at Laikipia Air Base is continuing in defiance of a High Court order, the organisation's lawyer has said.
Mr Joshua Nyawa said the institute is gathering evidence of ongoing construction and will present it before the court should their investigations confirm that work has not stopped as ordered by the court.
"If we confirm that they are going on with the construction, then we will file a contempt of court case," Mr Nyawa said.
But gathering that evidence has not been straightforward. Mr Nyawa revealed that a team from Katiba Institute attempted to access the military facility after the court issued temporary orders but the group was turned away at the gate by Kenya Defence Forces (KDF) personnel.
A satellite image shows tents erected and vehicles at a new field hospital at Laikipia Air Base in Laikipia County, Kenya June 4, 2026.
Photo credit: Reuters
"We tried after the order was issued, and we were blocked. We were blocked by KDF on the allegation that there was no prior communication. We told them we were people from Katiba Institute and they said they had not been informed," Mr Nyawa said.
The secrecy surrounding the facility and refusal to grant access to a team seeking to verify compliance with a court order raises questions.
The High Court in Nairobi issued temporary orders barring the State from establishing, operationalising, approving or facilitating any Ebola exposure, quarantine, isolation or treatment facility in Kenya pending the hearing of the petition by Katiba Institute.
The orders followed the petition, which argued that the arrangement raised serious public health, governance and sovereignty concerns.
The matter will be mentioned on June 23 to confirm compliance with the disclosure orders, which, if the flight logs are any indication, have already been overtaken by events on the ground.
Critics have questioned why the United States, which has for decades positioned itself as the world's foremost defender of democratic norms, judicial independence and the rule of law, is participating in violation of Kenyan court orders.
When asked to explain why construction was proceeding despite the court order, the US Embassy in Nairobi declined to comment, instead directing the Nation to put questions directly to Washington.
The entrance to the US Embassy in Nairobi.
Photo credit: File | Nation Media Group
“The Embassy declines to comment,” said a US Embassy official.
The Embassy's only substantive public statement, issued on June 2, said Washington was "aware of the court action filed in Kenya" and was "actively working with the Kenyan government to resolve any objections." It described the facility as a "bio-isolation" centre that "does not pose risk to nearby communities."
The statement did not say construction had been paused, nor did it commit to halting the works pending the court’s determination. It merely outlined the process, noting that engagement with the government was ongoing as the Globemasters continued landing.
Flight data, on-the-ground accounts and admissions from officials on both sides suggest that construction has not stopped.
A demonstrator protests in Nanyuki, Laikipia County on June 1, 2026 against a reported US-backed plan to establish an Ebola quarantine facility at a Kenyan air force base.
Photo credit: Reuters
Around eight flights carrying medical equipment and specialist personnel have landed at the base since the High Court issued conservatory orders barring the State from establishing, operationalising, approving or facilitating any Ebola exposure, quarantine, isolation or treatment facility in Kenya.
Flight records obtained from Flightradar24 and reviewed by the Nation document a steady procession of Boeing C-17A Globemaster III military transport aircraft travelling between Ramstein Air Base in Germany, the headquarters of US Air Force Europe, and Nanyuki.
Flight 98-0051 and Flight 03-3115 both landed at Nanyuki on May 28, the same day the High Court issued its initial conservatory orders. On May 29, flight 98-0051 left Nanyuki and returned to Ramstein, Germany. Flight 02-1107 landed on May 30 and again on June 6 from Ramstein and returned the same day. It also landed on June 6 from Germany.
Most recently, Flight 99-0059 landed on June 7 before departing for Djibouti, where the US Air Force also maintains a base, and then onward to Germany.
The planes brought in technical equipment as well as dozens of physicians, engineers, lab experts and construction workers, but no patients, according to a US official who asked not to be identified.
The High Court’s order barred the State from establishing, operationalising, approving or facilitating any Ebola-related facility in Kenya pending an inter-partes hearing on June 23.
The court also directed Health Cabinet Secretary Aden Duale to disclose full details of the agreement to both the public and the Katiba Institute within seven days; this is yet to be submitted.
However, according to CS Duale, there is no ongoing construction at the base, claiming that those are KDF buildings. Satellite images taken by Reuters indicated that tents had been erected, suggesting that the construction was ongoing.
“Who told you we are building? Have you been there? You know, that is propaganda, I don't answer to propaganda. Those are KDF buildings,” CS Duale told the Nation.
Earlier, Mr Duale had defended the project, dismissing claims that the centre was being set up to receive Americans exposed to Ebola from the Democratic Republic of Congo.
Health Cabinet Secretary Aden Duale addresses the National Assembly in Nairobi on June 3, 2026.
Photo credit: Dennis Onsongo | Nation Media Group
"Why is it said we're bringing Ebola patients to Laikipia? The facility is a military facility. KDF soldiers and other Kenyans will use that facility," Mr Duale said during a media interview.
According to the CS, the facility is part of a wider set of centres being established across the country to enhance Kenya's preparedness against Ebola, and will be manned by the Kenya Defence Forces.
"The Kenyan Defence Forces have one of the most robust medical wings led by a major general," he said, adding that the Kenya Air Force Commander would take overall leadership of the facility.
The White House has said something entirely different. It confirmed it is establishing a "state-of-the-art facility" in Kenya specifically to receive Americans exposed to Ebola, built, staffed and run entirely by Americans, with no Kenyan public health officers involved in the project.
For now, the cranes are still moving in Nanyuki. The court ordered a halt. The flights continued. And a country that built its global reputation on the principle that no one is above the law has yet to offer a coherent explanation for why, in this case, it appears to believe otherwise.
