Health Cabinet Secretary Aden Duale has escaped punishment after the High Court accepted his apology in contempt proceedings linked to the construction of an Ebola isolation and quarantine facility at the Laikipia Airbase.
The Cabinet Secretary had been found in contempt over activities that continued at the facility despite court orders suspending the project pending the determination of a constitutional petition.
Appearing before the Constitutional and Human Rights Division of the High Court, Duale expressed regret and told the court that his actions were driven by concerns over national health security and the country’s preparedness to respond to possible Ebola outbreaks.
In his mitigation, the Health CS, through his lawyers, led by lawyer Levi Munyeri explained that the Ministry of Health had been undertaking measures aimed at strengthening Kenya’s emergency response capacity amid regional health threats. He maintained that his decisions were guided by the need to safeguard public health and improve the country’s quarantine and disease containment infrastructure.
Duale informed the court that the ministry had intensified surveillance at points of entry, screened thousands of travellers and monitored individuals presenting symptoms associated with Ebola. He further noted that several counties had been identified as vulnerable because of cross-border movement and regional travel.
The Cabinet Secretary told the court that he did not intend to undermine the authority of the judiciary and acknowledged the importance of obeying court orders.
He offered an unconditional apology, stating that his actions were motivated solely by the desire to protect Kenyans from potential public health emergencies.
The court accepted his apology and declined to impose any sanctions, fines or costs. However, the judge issued a firm warning, directing the cabinet secretary to strictly adhere to court orders and avoid any future acts that could amount to contempt of court.
Duale also assured the court that all activities relating to the proposed Ebola quarantine facility at Laikipia Airbase had been halted pending the final determination of the matter.
While the contempt proceedings have now been concluded, the main constitutional petition challenging the project remains active before the court.
The matter is scheduled to proceed virtually before Justice Patricia Nyaundi on July 23, 2026.
