NAIROBI, Kenya — The High Court has certified as urgent an application seeking to have Attorney General Dorcas Oduor and Health Cabinet Secretary Aden Duale cited for contempt of court over the alleged disobedience of orders issued in a case challenging the government’s Ebola quarantine and preparedness measures.
Justice P. M. Nyaudi directed that the application be heard on a priority basis, underscoring the importance of protecting the authority of the courts and preserving the integrity of ongoing judicial proceedings.
Katiba Institute Moves to Enforce Court Orders
The contempt application was filed by Katiba Institute through lawyer Malidzo Nyawa.
The petitioners argue that the Attorney General and the Health Cabinet Secretary failed to comply with court orders issued on May 28 and June 2, 2026, relating to the disputed Ebola preparedness project and associated government actions.
According to the application, the alleged non-compliance amounts to contempt of court and undermines the authority of the judiciary.
The case forms part of broader legal challenges surrounding the government’s Ebola preparedness measures, including the establishment of quarantine and treatment facilities that have attracted public scrutiny and litigation.
Court Sets Strict Timelines
In certifying the matter as urgent, Justice Nyaudi issued a series of directions designed to expedite the hearing of the application.
The court ordered Katiba Institute to serve the application on the respondents immediately and no later than the close of business on June 12, 2026.
The Attorney General and the Health Cabinet Secretary were directed to file and serve their responses within 24 hours of service and, in any event, not later than June 15, 2026.
The petitioner was also granted leave to file a supplementary affidavit by June 16, 2026.
The matter will be mentioned before the court on June 16, 2026, for further directions on the contempt proceedings.
Legal and Constitutional Implications
The application raises significant constitutional questions regarding compliance with court orders by public officials and the extent of executive authority in implementing public health measures while litigation is ongoing.
Under Kenyan law, contempt proceedings are intended to enforce obedience to court orders and safeguard the administration of justice.
If the court ultimately finds that its orders were deliberately disregarded, the respondents could face sanctions provided for under the law.
Ebola Preparedness Remains Contentious
The legal dispute comes amid heightened government efforts to strengthen preparedness against potential Ebola outbreaks in the region.
The Ministry of Health has maintained that Kenya remains Ebola-free while enhancing surveillance, screening, rapid response training and isolation capacity across the country.
