Big Win for Health CS Duale After Court Accepts Apology in Laikipia Airbase Contempt Case
Health Cabinet Secretary Aden Duale has escaped punishment after the High Court accepted his apology in contempt proceedings arising from the construction of an Ebola isolation and quarantine facility at the Laikipia Airbase.
The Cabinet Secretary had previously been found in contempt after activities at the facility continued despite conservatory orders issued by the court suspending the project pending the hearing and determination of a constitutional petition.
Appearing before the Constitutional and Human Rights Division of the High Court, Duale expressed remorse and urged the court to consider the circumstances surrounding his actions, saying his decisions were motivated by concerns over national health security and Kenya’s preparedness against possible Ebola outbreaks.
Through his legal team, the Health CS told the court that the Ministry of Health had been undertaking measures aimed at strengthening the country’s emergency response capacity amid regional health threats. He maintained that his actions were intended to safeguard public health and enhance the country’s disease surveillance, quarantine and isolation systems.
Duale informed the court that the Ministry had intensified screening at points of entry, monitored suspected cases and identified several counties as vulnerable because of cross-border movement and regional travel.
He further assured the court that he had no intention of undermining the authority of the judiciary and offered an unconditional apology, stating that his actions were driven solely by the desire to protect Kenyans from potential public health emergencies.
Lawyer Levi Munyeri, appearing for the County Government of Laikipia, urged the court to consider Duale’s conduct and remorse when determining an appropriate sentence.
Munyeri told the court that the Cabinet Secretary had complied with court directions by filing an affidavit under oath and had openly expressed regret over his actions.
“The contemnor today appears calm. He appears very remorseful; it is manifest in his demeanor. We know him as a very combative politician, but today there is no combative nature in him. It is an appreciation that he has abandoned the theater of politics and has come to a temple of justice,” Munyeri submitted.
The advocate argued that Duale’s decision not to challenge the contempt finding demonstrated acceptance of wrongdoing and should be treated as a mitigating factor.
“He remains a convict unless he appeals. His decision not to challenge the conviction amounts to an admission that wrongdoing occurred, and that should weigh in favour of leniency,” he told the court.
Munyeri further stated that the County Government of Laikipia was not interested in sending the Cabinet Secretary to prison but rather ensuring that the rule of law and court orders are respected.
“The people of Laikipia have recorded no Ebola cases. The county government joined these proceedings to protect its residents and ensure compliance with the law, not to create a crisis within the Ministry of Health,” he said.
He emphasized the importance of cooperation between the national and county governments in addressing public health emergencies, noting that effective coordination would be critical in responding to future disease outbreaks.
As he concluded his submissions, Munyeri urged the court to issue a strong warning to the Cabinet Secretary.
“An admonishment to the Cabinet Secretary will be critical so that he leaves this court and carries the message to his colleagues and senior government officials that the court will always assert its constitutional duty to defend the rule of law,” he said.
The court subsequently accepted Duale’s apology and declined to impose any fines, penalties or costs. However, the judge issued a stern warning, directing the Cabinet Secretary to strictly comply with court orders and cautioning him against any future acts of contempt.
Duale also confirmed that all activities relating to the proposed Ebola quarantine facility at the Laikipia Airbase had been halted pending the final determination of the constitutional petition.
While the contempt proceedings have now been concluded, the substantive petition challenging the establishment of the facility remains active before the court.
The matter is scheduled to proceed virtually before Justice Patricia Nyaundi on July 23, 2026.
