By Perez Karisa, June 23, 2026
NAIROBI, Kenya – Health Cabinet Secretary Aden Duale has been discharged by the High Court after appearing before the court and expressing remorse over actions that had prompted contempt proceedings arising from the controversial Ebola isolation facility project in Nanyuki.
In a ruling delivered on Tuesday, High Court Judge Patricia Nyaundi declined to impose a custodial sentence sought by petitioners and instead pardoned the Cabinet Secretary after finding that he had demonstrated respect for the court process by appearing in person, apologizing and assuring the court that the disputed works had been halted.
Justice Nyaundi, however, maintained that the Ministry of Health had acted in a manner that amounted to contempt of court and warned that public officials who fail to comply with court orders in future would face serious consequences.
The contempt proceedings had been initiated by Katiba Institute, which had sought to have Duale jailed for 15 months over the continued implementation of a controversial 50-bed Ebola isolation and quarantine facility being constructed at the Laikipia Air Base in Nanyuki.
The court had earlier issued conservatory orders on May 28 and June 2 directing that construction works be suspended pending the hearing and determination of a petition challenging the project. The petitioners argued that the facility had been initiated without adequate public participation and raised concerns over potential public health risks.
Appearing before the court, Duale expressed regret over what he described as any misunderstanding or perception that his ministry had deliberately defied court orders.
“I have served this country for many years and I would be the last person to defy a court order,” Duale told the court, adding that he deeply regretted any impression that his actions undermined the authority of the judiciary.
His legal team informed the court that all construction activities at the site had been suspended and assured Justice Nyaundi that no further work would proceed until the substantive petition had been fully determined.
Justice Nyaundi accepted the apology and noted that Duale’s prompt appearance and willingness to comply with the court’s directives constituted sufficient mitigation.
Nevertheless, the judge cautioned state officers against attempting to circumvent judicial decisions, emphasizing that obedience to court orders remains a cornerstone of constitutional governance.
“The rule of law is not optional. Public officers must appreciate that court orders are binding and any future disregard of the law will attract appropriate sanctions,” the judge warned.
The legal dispute stems from plans to establish a United States-funded Ebola isolation and quarantine facility at the Laikipia Air Base. The project sparked widespread concern among residents of Nanyuki and surrounding areas, with some questioning the safety implications and accusing authorities of excluding local communities from the decision-making process.
The Ministry of Health had maintained that the facility was intended to strengthen Kenya’s preparedness against infectious diseases and argued that the project was a Kenyan initiative aimed at enhancing national emergency response capabilities.
However, petitioners accused the government of attempting to circumvent the court’s earlier orders by presenting the project as a purely local initiative despite its foreign backing. Justice Nyaundi had previously criticized the move, saying the ministry appeared to be attempting to “outflank the court by semantics.”
The controversy over the quarantine facility triggered protests in Nanyuki that turned violent, leaving three people dead, including a 17-year-old student, following clashes between demonstrators and police.
The substantive case challenging the legality and implementation of the project remains pending before the High Court, with construction activities expected to remain suspended until the matter is fully determined.
