High Court Judge, Lady Justice Patricia Nyaundi, on Monday, June 22, summoned Health Cabinet Secretary Aden Duale to appear in court over contempt of court.
Justice Nyaundi determined that CS Duale had acted in contempt by proceeding with the construction of an Ebola quarantine and treatment facility at the Laikipia Air Base despite the court issuing orders suspending the construction.
The judge asked the CS to appear before the court on Tuesday, June 23, at 11 a.m for mitigation and sentencing.
"On account of the foregoing, I find that in commissioning of the ongoing construction of the facility at Laikipia, the 2nd Respondent os in continuing contempt of the Orders of the Court that issued on May 28, 2026 and confirmed on June 2, 2026, the consequence of that finding is that the said contempt will attract the sanction of the 2nd Respondent by this court," the ruling read in part.
Justice Nyaundi accused Duale of trying to circumvent the orders of the court by claiming that while the construction was ongoing, it was part of the government's plan to mitigate the spread of the virus, and was not part of the Kenya-USA deal.
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"As I understand it, what the 2nd Respondent seeks to do is to avoid compliance by recasting or recharacterising the ongoing construction.
"He conceded that he understood the Court, 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," the ruling continued.
The Court added that Duale's public statements reinforced the conclusion that he intended construction to proceed notwithstanding the Court's orders.
Justice Nyaundi made it clear that a court order is not an invitation to ingenuity, but a command to be obeyed.
She added that attempts to re-label or redescribe conduct to place it outside the reach of an order did not justify the actions of the respondent.
Katiba Institute had moved to court to challenge the decision by the government to partner with the USA to set a quarantine facility at the Nanyuki Air Base.
