Health Cabinet Secretary Aden Duale has apologized to the High Court of Nairobi after a contempt of court finding in a dispute over the proposed Ebola quarantine facility at Laikipia Air Base. The court has accepted the apology and declined to impose a custodial sentence after he moved to compl9y with the court’s orders.
The case, which was filed under Nairobi HCCHRPET/E333/2026 and later consolidated with HCCHRPET/E334/2026, was initiated by Katiba Institute with the support of the Law Society of Kenya against the Ministry of Health, the State Law Office, and other respondents.
While pleading for leniency, Duale told the court that he had published an order directing the immediate halt of all construction, site preparation, and other related activities at the Laikipia Air Base site until the case is determined. He also apologized to the court, reaffirming respect for the judicial authority and stating that there was no intention to disregard the court orders.
Presiding Judge Patricia Nyaundi took the Cabinet Secretary’s apology, released him, but at the same time issued a harsh reprimand to all State officers by stressing once again that court orders must be obeyed irrespective of one’s office or position.
The court also ordered that the substantive petition filed by Katiba Institute and supported by the Law Society of Kenya will be at the hearing stage focusing on the highlight of submissions on 23 July 2026.
Malidzo Nyawa and Kevin Walumbe led the legal team for the Katiba Institute while the Law Society of Kenya was represented by Wycklife Oyoo, Jacjohn Owino, Kiragu Wathuta, Wangari Kagai, and Jared Gekombe.
This judgment reaffirms the judiciary’s stance on the mandatory nature of court orders and the responsibility of all public officials to abide by them even when constitutional disputes are pending.