Amnesty International has welcomed the announcement by Health Cabinet Secretary Aden Duale that the government has suspended the construction of the proposed US-funded Ebola Quarantine facility in Nanyuki.
Amnesty said the move is a positive step taken in compliance with the court order issued pending the determination of the case, adding that respect for court orders is fundamental to the rule of law and constitutional governance.
“We welcome the Kenyan government's commitment to abide by the court's directive and urge all state agencies involved in the project to ensure full adherence to the order until the matter before the courts is conclusively determined,” the rights group said in a statement issued Tuesday afternoon.
Last week, Duale stated that the government will comply with a court order temporarily stopping the establishment of an Ebola quarantine facility at the Laikipia Air Base in Nanyuki.
Duale was speaking during a stakeholders’ forum on Ebola preparedness and response.
"We are a government that respects the rule of law, so we abide by the court decision. But in the event we need to invoke the Public Health Act, Sections 35 and 36, we will invoke the Public Health Act," Duale said.
While hailing the steps, Amnesty condemned the alleged use of force by police during recent public protests in Nyanyuki, which have so far claimed three lives.
“We are, however, alarmed by reports that Kenyan police used unlawful, excessive force against residents protesting against the construction of the facility, resulting in the deaths of three protesters, including a 17-year-old student, and injuries to others.”
The agency said Article 26 of Kenya’s Constitution guarantees every person's right to life and that the use of lethal force against individuals exercising their human and constitutional right to peaceful assembly and protest is unacceptable and must never be normalised.
"A government cannot claim to be establishing a facility intended to save lives while lives are being lost through unlawful police action. Respect for human life cannot be selective. Every death must be accounted for, every allegation of excessive force must be investigated, and every officer responsible, including those who commanded or authorised unlawful actions, must be held accountable," said Amnesty International Kenya Director George Morara.
“The Trump administration is encouraging the breakdown of respect for the rule of law, not just domestically but in other countries as well. Expecting Kenyan President William Ruto to ignore his own system’s court order is enabling authoritarian practices,” said
Kate Hixon, Africa Advocacy Director at Amnesty International USA, opined that the Trump administration's position risks undermining respect for the rule of law both in the United States and abroad.
Hixon said disregarding a court order by the Kenya governent could be seen as encouraging practices that weaken judicial independence and democratic accountability.
Amnesty International said it strongly condemns the killings of protesters in Nanyuki and called upon the Independent Policing Oversight Authority (IPOA) to expedite independent, impartial, and transparent investigations into all reported deaths and injuries arising from the protests.
The group said investigations must extend beyond the officers who directly used force and, where applicable, establish command responsibility and that any officer or commander found responsible for ordering, facilitating, authorising, covering up, or failing to prevent unlawful actions should be held fully accountable through the criminal justice system.
“We further call for the immediate and unconditional release of all individuals arrested solely for peacefully protesting against the construction of the facility. Peaceful protest is protected under Articles 37 and 38 of Kenya’s Constitution and must not be criminalised. The authorities must guarantee the rights to freedom of expression, association, and peaceful assembly without intimidation, arbitrary arrests, or violence.”
Amnesty said concerns raised by residents of Nanyuki and Laikipia counties regarding the proposed facility deserve meaningful engagement rather than repression.
“While agreements concerning international cooperation and public health infrastructure may be negotiated at the state level, accountable governance requires that affected communities be informed, consulted, and heard. Citizens cannot be coerced into endorsing bilateral agreements or development projects that they genuinely perceive as harmful to their welfare, safety or livelihoods.”
The statement said the Kenya–United States Strategic Partnership Framework identifies citizen engagement, democratic participation, accountable governance and respect for human rights as key pillars for advancing shared development, governance and economic goals.
It argued that these objectives are difficult to achieve when public grievances are addressed through force instead of dialogue.
