On Monday, Sylvester Muigai Ndung'u, 16, a Form Three student at Thingithu Secondary School, was sent home to collect a fee balance of Sh5,700. The following day, his mother, Lucy Kagure, was called by one of her clients to wash clothes.

Before leaving, she gave Muigai a stern warning not to go to the streets of Nanyuki Town where protests against an Ebola quarantine centre were ongoing.

“I do casual work, including washing clothes, and when my client called, I could not decline. I told him to stay in the house as I look for money to clear his school fees balance and left,” Kagure told the Nation.

But liittle did she know it would be her last conversation with her son.

At around 5.30pm, Muigai, the firstborn in a family of four and an altar boy at St Teresa Equator Catholic Church, ventured to the streets where demonstrators had gathered.

Police engaged protesters in running battles as demonstrations turned violent. In this chaos, he was shot in the head and died on the spot. His body was later taken by police to Nanyuki Referral Hospital Mortuary and initially recorded as that of an unknown male.

Worry turns to panic

Sylvester Muigai Ndungu sht dead nanyuki ebola protest — Sylvester Muigai Ndungu.

Photo credit: Pool

Meanwhile, at home, Kagure wondered where her son was when he did not return that day. The next day, she called her mother to ask whether he had gone to visit her as he often did.

“He loved his grandmother so much. When he was not at home, he was with her. When she said he was not there, worry turned to panic. We only confirmed the worst when we went to the mortuary,” she said.

Laikipia East police commander Daniel Kitavi confirmed the incident, saying the family had positively identified the body.

Read: Tourist cancellations hit Laikipia over Ebola facility fears

Court order

Separately, the High Court has certified as urgent an application seeking to have Health Cabinet Secretary Aden Duale and Attorney-General Dorcas Oduor cited for contempt over the construction of a controversial Ebola quarantine facility in Laikipia County.

The application comes amid an escalating legal battle over an agreement between Kenya and the US under which American individuals exposed to the Ebola virus in parts of Central Africa would be flown to Kenya for quarantine and treatment.

Earlier, the High Court had issued temporary orders barring the government from establishing, operating, supporting, or permitting any Ebola isolation, quarantine, exposure or treatment facility in Kenya under the disputed arrangement or any similar deal with a foreign state.

Despite the orders, the Katiba Institute and the Law Society of Kenya (LSK) have accused the government of proceeding with preparations for the facility and failing to provide the required documents.

In an urgent application filed on Wednesday, the two organisations asked the court to cite the Attorney-General and the Health CS for contempt and impose appropriate sanctions.

They also want the court to compel the respondents to file a sworn affidavit detailing the current status of construction works in Laikipia and the extent of compliance with existing court orders.

"The 1st and 2nd respondents have engaged in conduct that amounts to a confrontation with the judiciary by openly, wilfully, deliberately and contumaciously disobeying existing court orders," said Joshua Malidzo Nyawa, lead counsel for Katiba Institute.

He noted that on May 28, 2026, the court barred the government from establishing the facility, and on June 2 reaffirmed the order while directing the Ministry of Health to disclose documents critical to assessing the safety and legality of the project.

"The respondents have disobeyed these orders. Numerous reports show they continue to engage with their counterparts in the United States in advancing the project and have failed to make the required disclosures. This court cannot remain helpless or be reduced to babysitting its own orders. There is a real and immediate danger that the authority of the law will be undermined if this conduct goes unchecked," Mr Nyawa said.

Bilateral deal

The dispute stems from a bilateral arrangement reportedly negotiated between the Kenyan and US governments. Under the plan, American personnel exposed to Ebola while working in parts of Central Africa would be transported to Kenya for treatment and observation.

Justice Patricia Mande first issued conservatory orders on May 28 halting implementation of the arrangement. The court later extended the orders and directed the Ministry of Health to disclose all relevant documents, including safety protocols, environmental impact assessments, and approvals relating to the project.

The applicants argue that instead of complying, senior government officials publicly signalled their intention to proceed.

Appearing before Parliament, Health CS Aden Duale defended the project and indicated that preparations would continue despite the ongoing court proceedings.

The applicants further cited media reports, satellite imagery, and flight-tracking data published by Reuters, NTV, and The New York Times, which they say indicate that construction activities have continued at the proposed site.

Ebola facility — A satellite image shows the Laikipia Air Base (left) at the start of construction work on the Ebola quarantine facility on May 19. A fresh image (right) shows tents erected and vehicles parked at a new field hospital at the venue on June 6, 2026.

Photo credit: Planet Labs PBC

According to the application, several US military transport aircraft, including C-130 and C-17 planes, have landed in Nanyuki since the court orders were issued, reportedly carrying personnel and equipment linked to the project.

The applicants also accuse the Ministry of Health of failing to release documents required by the court, thereby hampering efforts to challenge the project through the judicial process.

In an affidavit filed before the court, Katiba Institute Executive Director Nora Mbagathi accused the Attorney-General, the Ministry of Health, Health CS Duale, and Foreign Affairs CS Musalia Mudavadi of undermining the rule of law.

"The conduct of the interested parties reflects brazen defiance of the court and a deliberate assault on the authority of the judiciary. Their actions undermine the integrity of the judicial process and render these proceedings futile unless firmly addressed,” she said.

The controversy has sparked public anxiety and protests in Laikipia County, where residents have expressed fears about the possibility of an Ebola outbreak in a country that has never recorded a confirmed case of the disease.

Read: Impunity: Govt ignores court order on US Ebola facility

Where are the other 22? Questions mount over missing Ebola isolation units

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gmarete@ke.nationmedia.com, mchelangat@ke.nationmedia.com