Court discharges Health CS Duale, warns against future disobedience of court orders

The High Court has spared Health Cabinet Secretary Aden Duale a jail term after declining requests to imprison him in contempt proceedings linked to the disputed US-funded Ebola quarantine facility in Nanyuki, Laikipia County.

The court discharged the Cabinet Secretary, while cautioning him against any future non-compliance with court orders..

In her ruling on Tuesday, Justice Nyaundi said Duale's conduct after being summoned to court showed respect for judicial authority and weighed heavily in her decision.

"I have noted that Mr Duale has indeed submitted himself to the authorities of this court. He has, as was required of him, tendered his mitigation and I note he has rendered an apology," the judge said.

She further noted that the Health CS had acknowledged the court's authority and had appeared willing to engage with the judicial process.

"Since this is the first instance, the minister is responding to this, I will give him the benefit of the doubt that he is actually disobeying the court. For that reason, I will accept the apology that has been sent, especially as he has been categorical that he recognises the authority of the court," she added.

However, Justice Nyaundi warned that the decision should not be interpreted as acceptance of disobedience of court orders and cautioned against future conduct that could amount to contempt.

The ruling followed earlier findings by the court that activities connected to the Ebola isolation and quarantine project continued despite conservatory orders suspending implementation of the facility.

During mitigation proceedings, lawyers representing Katiba Institute and the Law Society of Kenya had urged the court to impose a custodial sentence of 15 months.

The petitioners argued that the matter went beyond an individual official and touched on the authority of the judiciary and protection of the rule of law.

Duale had defended his actions, telling the court: "At all material times, it was never the intention of the Ministry or me as the Cabinet Secretary to disregard, undermine, or act in defiance of the orders of this Honourable Court."

He also informed the court that all activities linked to the project had since stopped.