NAIROBI – Canada’s highest court has cleared the way for the culling of more than 300 ostriches at a farm in British Columbia, ending a prolonged legal battle and amplifying global concerns over the highly pathogenic H5N1 avian influenza. The decision, delivered on Thursday, 6th November 2025, allows the Canadian Food Inspection Agency (CFIA) to proceed with the “complete depopulation” of the flock at Universal Ostrich Farms, an action deemed necessary to prevent a wider outbreak.

For Kenya, this event nearly 14,000 kilometres away serves as a stark and urgent reminder of the ever-present threat zoonotic diseases pose to its own agricultural sector. Ostrich farming is a growing and lucrative industry in Kenya, particularly in arid and semi-arid lands, prized for its meat, eggs, leather, and feathers. An outbreak of H5N1 on a similar scale could have devastating economic consequences, not only for ostrich farmers but for the nation's entire poultry industry, which remains a cornerstone of many rural livelihoods.

The Canadian Case: A Precautionary Tale

The controversy began in December 2024, when the CFIA was alerted to multiple deaths at Universal Ostrich Farms in Edgewood, British Columbia. Subsequent tests on two deceased birds confirmed the presence of the H5N1 virus, leading the agency to issue a cull order for the entire flock on 31st December 2024, to contain the potential spread. The farm's owners contested the order, arguing that the 69 deaths ceased by 15th January 2025, and that the surviving birds appeared healthy, possibly indicating immunity.

The ensuing legal challenges progressed through multiple courts, culminating in the Supreme Court of Canada's refusal on Thursday to hear a final appeal, thereby upholding the CFIA's authority. The agency's actions are guided by the World Organisation for Animal Health's internationally recognized “stamping-out policy,” which mandates the swift culling of infected and exposed animals to protect public health and trade. Canada's poultry industry is valued at nearly C$7 billion.

International Intervention and Political Dimensions

The Canadian case attracted significant international attention, notably from high-profile figures in the United States. U.S. Health Secretary Robert F. Kennedy Jr. personally lobbied Canadian officials to halt the cull, suggesting the birds could offer scientific insights into H5N1 immunity. Dr. Mehmet Oz, Administrator for the Centers for Medicare & Medicaid Services, and billionaire John Catsimatidis also advocated for the birds' preservation. This intervention fueled a protest movement at the farm, with many supporters expressing broader post-pandemic skepticism of government health mandates.

The issue also permeated Canadian federal politics. Conservative Leader Pierre Poilievre criticized the government's handling of the situation, stating it had been “mismanaged from the very beginning” but avoided taking a direct stance on the cull itself.

Implications for Kenya's Biosecurity

Kenya lies on a major migratory route for wild birds, a primary vector for the spread of avian influenza. This geographical reality makes the country perpetually vulnerable to the introduction of viruses like H5N1. The Kenyan government, through the Ministries of Health and Agriculture, has established surveillance systems and emergency response plans in collaboration with the World Health Organization (WHO) and the Food and Agriculture Organization (FAO). These protocols include monitoring wild birds and poultry farms, and in the event of an outbreak, implementing culling, quarantine measures, and public awareness campaigns.

However, the Canadian incident underscores the critical importance of swift, decisive action and robust enforcement, even in the face of public opposition. A study on the potential economic impact of an avian flu outbreak in Kenya indicated that while a severe outbreak might only slightly reduce overall GDP growth, it could significantly worsen poverty by devastating a key income source for small-scale farmers.

The events at Universal Ostrich Farms are a cautionary tale for agricultural stakeholders and policymakers in Kenya. They highlight the need for continuous review and strengthening of national biosecurity protocols, efficient surveillance and diagnostic capacity, and clear communication strategies to manage public perception and ensure cooperation during a health crisis. As the global landscape of infectious diseases evolves, proactive preparedness remains Kenya’s most effective defence against the profound economic and social costs of an outbreak.