Health CS Aden Duale / FILE
Health Cabinet Secretary Aden Duale has been found in contempt of court over the controversial US-funded Ebola quarantine centre in Nanyuki, Laikipia County.
High Court Judge Patricia Nyaundi consequently ordered Duale to appear before the court on Tuesday, June 23, for mitigation and sentencing.
The ruling followed an application by the Katiba Institute, which sought to have Duale, the second respondent, and the Attorney General cited for allegedly disobeying court orders issued earlier by Justice Nyaundi suspending the project over public health concerns.
Justice Nyaundi ruled that by commissioning the ongoing construction of the facility in Laikipia, Duale was in continuing contempt of court orders issued on May 28, 2026, and confirmed on June 2, 2026.
“Accordingly, the 2nd respondent (Duale) is required to attend court on June 23, 2026 at 11am for mitigation and sentencing,” the judge ordered on Monday.
In its application, the Katiba Institute argued that the orders were clear, unambiguous and self-explanatory and were issued in the presence of counsel from the Office of the Attorney General.
“The orders were also widely reported and disseminated by major media outlets and leading newspapers in Kenya and were duly served upon the Respondents by the Petitioner’s process server,” Katiba Institute said.
In her ruling, Justice Nyaundi said that despite knowing the court had ordered all construction activities at Laikipia Air Base to cease, Duale proceeded by changing the actors involved rather than the substance of the activity itself.
“His public statements, widely reported and never disavowed, reinforce the conclusion that he intended construction to proceed notwithstanding the Court’s Orders,” the judge said.
Justice Nyaundi further noted that Duale acknowledged understanding the court's directive to suspend construction.
“Yet, dissatisfied with the practical consequences of that directive, he adopted a narrower interpretation, one that permitted him to continue the very activities the Court had restrained, provided only that he proceeded without the United States,” she said.
She added: “The 2nd Respondent (Duale) believed he could insulate himself from liability by shifting from joint action to unilateral action. That position is untenable. An order of the court is not to be outflanked by semantics or evasion. The duty is to obey the order as issued, not as one might wish it had been framed.”
Katiba Institute told the court that Duale publicly acknowledged awareness of the court orders while appearing on Citizen TV on May 30 and June 3, 2026, and while addressing the National Assembly.
The organisation also told the court that the United States, through a notice published on its embassy website, stated it was aware of the court case and was engaging the Kenyan government to address the concerns raised.
As part of its evidence, Katiba Institute cited reports alleging that flights carrying medical equipment and specialised personnel had landed at Laikipia Air Base despite the court orders.
Katiba Institute further claimed that another report on June 4, accompanied by satellite images, showed structures, tents and vehicles at Laikipia Air Base that were consistent with ongoing construction.
It also cited reports by NTV, Daily Nation and The New York Times alleging that construction activities continued despite the court suspension order.
In response, the state maintained that the orders did not prevent the Government of Kenya from independently carrying out its constitutional and statutory obligations relating to public health preparedness, disease prevention and national health security.
The state argued that, separate from the suspended collaboration, the government was continuing to strengthen the country's quarantine and isolation capacity at Laikipia Air Base as part of routine precautionary public health measures.
