Court summons Duale for sentencing over contempt on Laikipia Ebola facility orders

Wait 5 sec.

NAIROBI, Kenya, Jun 22 — The High Court has summoned Health Cabinet Secretary Aden Duale to appear in person on Tuesday, June 23, at 11am for mitigation and sentencing after finding him in contempt of court.Justice Patricia Nyaundi on Monday found Duale guilty of contempt over his failure to comply with conservatory orders halting activities linked to the proposed US-run Ebola quarantine and treatment facility at Laikipia.The court also ruled that CS Duale bears personal responsibility for the non-compliance, marking a significant escalation in a dispute pitting the Judiciary against the Executive over adherence to court directives.The ruling stems from consolidated petitions filed by the Law Society of Kenya (LSK) and the Katiba Institute, which challenged alleged continued activity at the Laikipia Air Base site despite earlier court orders freezing implementation of the project.In its determination, the court found that the Ministry of Health and associated state agencies had not provided satisfactory explanations for continued activity at the disputed site, despite conservatory orders barring further action.“The Court emphasised that court orders must be obeyed fully and faithfully and that public authorities are not at liberty to determine which aspects of judicial directives they will comply with,” the Law Society of Kenya said.The court underscored that compliance with judicial orders is mandatory and binding, warning that selective adherence undermines constitutional governance, the rule of law, and judicial authority.Legal teams representing the petitioners argued that continued activity at the site constituted a direct breach of constitutional supremacy and an affront to judicial independence.LSK was represented by Wycklife Oyoo, Jacjohn Owino, Kiragu Wathuta, Wangari Kagai, and Jared Gekombe, while the Katiba Institute team was led by Joshua Malidzo Nyawa.“The ruling marks an important affirmation of the constitutional principle that all persons and State officers are subject to the authority of the courts and must comply with judicial orders,” LSK added.The dispute centres on a proposed Ebola quarantine and treatment facility reportedly linked to international partners, including discussions involving the United States, and intended to strengthen Kenya’s epidemic preparedness framework.However, the project has faced sustained criticism over transparency, public participation, and its proposed location within a sensitive military installation.Opponents argue that the facility at Laikipia Air Base raises public health, security, and environmental concerns, while the Ministry of Health maintains it is part of broader emergency preparedness planning.The ruling now places the Health Ministry under heightened legal and political scrutiny as questions mount over compliance with judicial orders and the handling of sensitive public health infrastructure projects.Local leaders, including Laikipia North MP Sarah Korere, have previously warned that the project could affect tourism and public confidence in the region, while government officials insist no unlawful activity is ongoing.The matter is expected to return to court on Tuesday for mitigation and sentencing of the Cabinet Secretary.