CS Duale defends Ebola quarantine plan in court citing international law

Health Cabinet Secretary (CS) Aden Duale has filed a detailed replying affidavit defending the Ministry of Health public health preparedness, and quarantine measures in response to consolidated constitutional petitions challenging the national response framework.

The legal response follows an urgent constitutional petition filed by Katiba Institute challenging the legality, scope, and constitutional basis of the state decision to establish a dedicated quarantine and isolation facility.

In the affidavit, Duale urges the High Court of Kenya to uphold the state disease containment strategy, arguing that Kenya's preventive framework for the regional Ebola Virus Disease (EVD) threat remains firmly grounded in established international legal obligations.

The state legal defense anchors its position on the International Health Regulations (IHR) 2005, which Duale describes as a binding international instrument governing global public health security, disease prevention, and emergency response.

Duale cites Article 2 of the regulations, noting that the primary objective is to prevent, protect against, and control the international spread of disease through public health measures restricted to the identified epidemiological risks.

The ministry further relies on Article 13 of the regulations, which outlines the mandate of the World Health Organization (WHO) to collaborate with sovereign states through technical assistance, coordination, and expert deployments during active outbreaks.

According to the affidavit, the current measures align with temporary recommendations issued by the WHO director-general, who is empowered under Article 12 to declare whether an outbreak constitutes a Public Health Emergency of International Concern (PHEIC).

The ongoing litigation stems from regional outbreaks reported in the Democratic Republic of Congo (DRC) and Uganda, prompting the ministry to implement cross-border disease surveillance systems, enhanced laboratory testing protocols, and specialized quarantine readiness.

Duale states that the Ministry of Health maintains a legal mandate to administer public health protocols, and disease surveillance pursuant to Executive Order No. 1 of 2025, which assigns full responsibility for national health policies to the docket.

The state notes that the regional outbreak has caused severe public health impacts, with the DRC recording over 1,000 suspected infections and more than 250 fatalities, while Uganda continues to monitor hundreds of cross-border contacts.

Duale explains that the virus transmits through direct contact with infected bodily fluids during the symptomatic phase or after death, adding that individuals do not transmit the virus during the incubation period, which lasts between 2 and 21 days.

The affidavit further invokes the East African Community (EAC) Treaty, pointing out that partner states are legally obligated to cooperate on cross-border containment, and management of communicable diseases threatening regional populations.

The government maintains that the Ebola preparedness infrastructure, including targeted border health screening, is science-based, proportionate, and entirely necessary to safeguard the public, and prevent local transmission within Kenyan borders.