Health Cabinet Secretary Aden Duale is facing the possibility of a 15-month jail sentence after Katiba Institute urged the High Court to impose custodial punishment in a contempt case tied to the disputed US-funded Ebola quarantine facility in Nanyuki, Laikipia County. The case, now at the mitigation and sentencing stage, follows a court finding that Duale disobeyed orders halting activities at the project site.
The matter was placed before High Court Judge Patricia Nyaundi, where lawyers made submissions on sentencing after the court ruled that there had been contempt linked to continued works despite conservatory orders issued earlier stopping implementation of the project.
Katiba Institute, through advocate Malidzo Nyawa, told the court that ignoring court orders weakens the justice system and undermines constitutional order.
"The power to punish for contempt is meant to protect the rule of law. What will it mean to the public when courts are seen to be making orders in vain?" Nyawa told the court.
He further argued that allowing disobedience of court directives without consequences would erode public confidence in the judiciary and encourage disregard of court authority.
"Once they lose public confidence, the judiciary will be exposed to ridicule. These are aggravating factors," he said.
Nyawa told the court that the case involved clear conservatory orders issued on May 28, 2026, and later reaffirmed on June 2, 2026, which suspended any activities linked to the Ebola quarantine project pending determination of the petition.
He added that the continued activity at the site amounted to disregard of judicial authority, especially given that state officers are expected to show higher compliance with court orders.
"We submit the contemnor should be sentenced to 15 months imprisonment," Nyawa said, describing the request as necessary to serve both punishment and deterrence.
In his defence, Duale maintained that the Ministry of Health acted in good faith and relied on expert guidance when handling the project.
"I sincerely regret any action, omission, misunderstanding, or misinterpretation that may have resulted in a non-compliance with the order of this Court," he told the court.
He further explained that once clarification on the court orders was received, all related activities at the facility were halted.
The court is expected to deliver its ruling on sentencing after considering both mitigation and submissions from all parties.