NAIROBI,June 2026 –In a dramatic turn of events at the Milimani High Court, Health Cabinet Secretary (CS) Aden Duale on Tuesday 23rd, personally appeared before Justice Patricia Nyaundi on Tuesday for mitigation proceedings, just 24 hours after being found guilty of contempt of court.
The legal showdown stems from a high-profile petition filed by the Katiba Institute and other civil society groups challenging the legality of a suspended, United States-funded Ebola Quarantine and Rehabilitation facility at the Laikipia Airbase.
Flanked by the ministry’s top brass, CS Duale presented a formal mitigation statement and an affidavit to purge the contempt charges. He expressed deep regret for any perception of non-compliance, reassuring the bench of his unyielding commitment to the rule of law.
Justice Nyaundi accepted the CS’s apology, discharging the contempt notice while issuing a stern reminder on the sanctity of judicial authority.
“Obedience to court orders is non-negotiable in safeguarding the dignity of the court,” Justice Nyaundi emphasized.
In his substantive submission to the court, CS Duale fiercely defended the Ministry of Health’s underlying motives for partnering with the US government on the project.
According to the CS, the decision to establish the Ebola facility at the strategic Laikipia Airbase was never arbitrary, but rather driven by evidence-based governance.
“The project was strictly guided by rigorous scientific evidence and technical expert advice and the facility was envisioned as a proactive, high-security medical asset to safeguard national and regional health security against highly infectious pathogens,” Duale explained.
He further noted that the moment the High Court issued conservatory orders on May 28, 2026, both the Kenyan and US governments immediately froze the collaboration and completely halted all construction and site activities.
The gravity of the proceedings was underscored by the heavy presence of senior government and legal officials who accompanied him to court including Dr Ouma Oluga (Principal Secretary, Medical Services),Ms Mary Muthoni (Principal Secretary, Public Health and Professional Standards), and Dr Patrick Amoth (Director-General for Health).
The Legal Defense Team comprised of Eric Gumbo & Moses Kipkosgei (G&A LLP), Thande Kuria (Office of the Attorney General) and Edith Torome (Head of Legal Services, Ministry of Health).
While CS Duale has successfully navigated the contempt hurdle, the primary battle is far from over. The substantive petition rendering the entire project’s legality into question remains pending before the High Court.
