The High Court has found Health Cabinet Secretary Aden Duale in contempt of court for continued activities at the proposed Ebola quarantine and treatment facility at Laikipia Air Base, defying conservatory orders the court had previously issued.
In a ruling delivered Monday, Justice Patricia Mande Nyaundi held that the government had failed to satisfactorily account for the ongoing works at the controversial facility, finding CS Duale culpable for non-compliance with judicial directives.
The court was emphatic in its message to state officers. “Court orders must be obeyed fully and faithfully,” Justice Nyaundi stated, adding that public authorities are not at liberty to determine which aspects of judicial directives they will comply with.
The matter stems from a constitutional petition filed under consolidated cases HCCHRPET/E333/2026 and HCCHRPET/E334/2026, in which Katiba Institute and the Law Society of Kenya (LSK) took the Ministry of Health and the State Law Office to court over the establishment of the facility, which is understood to be US-backed.
LSK was represented by advocates Wycklife Oyoo, Jacjohn Owino, Kiragu Wathuta, Wangari Kagai, and Jared Gekombe, while Katiba Institute was represented by advocate Joshua Malidzo Nyawa.
Nyawa had argued in earlier filings that the respondents had deliberately ignored court orders issued on May 28 and June 2, 2026. “The respondents have failed to demonstrate compliance with the orders issued by this Honourable Court and have continued to act in a manner that undermines the authority of the court,” Nyawa stated.
Among the concerns raised was the absence of environmental and social impact assessments and safety contingency plans in documents disclosed to the court — a gap the petitioners argued reflects broader disregard for constitutional requirements on public participation.
Following the contempt finding, the court summoned Duale to appear personally before Justice Nyaundi on Tuesday, June 23, 2026, at 11:00 a.m. for mitigation ahead of sentencing.
The ruling is being seen as a significant affirmation of judicial authority, reinforcing the constitutional principle that state officers — regardless of rank — remain subject to the rule of law.
The Laikipia Ebola facility has attracted fierce public opposition since its announcement, with protesters staging demonstrations bearing placards and mock coffins inscribed “Kataa Ebola” outside public spaces.
Tuesday’s appearance will determine the sanctions Duale faces, as the court prepares to make a final decision on the contempt.
