NAIROBI, Kenya – The High Court has reaffirmed that Health Cabinet Secretary Aden Duale was in contempt of court for failing to comply with orders suspending the construction of the controversial Ebola preparedness facility at Laikipia Airbase, but declined to jail him after accepting his apology.
Duale appeared before the court on Tuesday following summons issued after an earlier ruling that found him in contempt for disobeying court orders halting works on the facility pending the determination of a petition challenging the project.
In submissions before the court and in an affidavit filed on the day of the hearing, the Health CS admitted that construction had continued despite the court’s directive. However, he argued that the violation was not deliberate and attributed it to a misunderstanding of the court’s orders.
The petition challenging the project was filed by Katiba Institute, which has opposed the construction of the US-backed Ebola preparedness facility at the Laikipia Airbase.
Katiba Institute urged the court to impose a custodial sentence, arguing that Duale’s actions amounted to a deliberate disregard of lawful court orders and undermined the authority of the judiciary.
The organisation told the court that the Cabinet Secretary’s apology came only after contempt proceedings had been initiated and should not shield him from accountability.
According to Katiba Institute, an appropriate penalty would have been a 15-month prison sentence to uphold the rule of law, protect the dignity of the court and deter future acts of disobedience by public officials.
In its ruling, the court maintained that Duale had violated its orders and remained in contempt. However, after considering his oral mitigation, affidavit and apology, the judge opted against imposing a prison sentence.
Instead, the court issued a stern warning that any further violation of its orders would attract severe consequences, including the possibility of imprisonment.
The court emphasized that its conservatory orders suspending construction of the facility remain fully in force and must be complied with by all parties pending the hearing and determination of the case.
The dispute centres on the construction of an Ebola preparedness and isolation facility at Laikipia Airbase, a project that has sparked public debate and legal challenges over transparency, public participation and compliance with constitutional requirements.
The matter is scheduled for further directions and hearing on July 23, 2026, through a virtual court session.
The ruling marks another significant development in the ongoing legal battle over the facility, with the court making clear that continued non-compliance with its orders could result in tougher sanctions against government officials involved in the project.
