In a further affidavit filed before the High Court, Mbagathi argues that the government cannot maintain it fully complied with court orders issued on May 28 and June 2, 2026, while acknowledging that construction activities at the air base are still ongoing.
“The Cabinet Secretary has since admitted that the United States of America is constructing the facility pursuant to an agreement and that the United States of America is supporting Kenya with funding. The President, while in Wajir, stated that Kenya was requested to host the arrangement and that he agreed. He reiterated similar remarks while in South Africa,” reads the court papers.
Mbagathi states that President William Ruto publicly confirmed that Kenya acceded to a request by the United States to establish the facility at Laikipia Air Base and that the project is being funded by the US government. She argues that these statements support claims that the arrangement remains active despite the court orders.
“By admitting in his own affidavit that construction at Laikipia Air Base continues, the Cabinet Secretary has validated the very media reports he seeks to discredit. He cannot simultaneously dismiss those reports as unreliable and rely on the same factual reality they describe to advance his ‘independent activity’ defence,” Katiba Institute says.
She contends that the government’s assertion that the allegations are based on speculation and unverified media reports is undermined by its own admission that construction is continuing.
Mbagathi further notes that the government has not produced any communication showing it formally informed the United States that the collaboration had been suspended in compliance with court orders.
She adds that allegations that American personnel are involved in constructing and operationalising the facility have not been addressed by the government.
According to Mbagathi, reports quoting a US official as saying construction continued because Kenya had not instructed the United States to stop the work directly contradict claims that the collaboration was immediately suspended.
On disclosure of information, Mbagathi says the government has failed to comply with court orders requiring it to provide documents relating to the project.
She says no specific agreement for the facility, public health and environmental assessments, approvals from relevant authorities, or operational protocols have been disclosed.
She notes that the 2016 Biological Engagement Programme agreement produced by the government is a general cooperation framework and does not constitute the specific agreement governing the establishment of the Laikipia facility.
Mbagathi has urged the court to find the respondents in contempt, arguing that there has been continued facilitation of the project and failure to disclose key information despite the court’s orders.
