CS Duale appears in court over contempt case

Health Cabinet Secretary Aden Duale on Tuesday appeared before the High Court for mitigation ahead of sentencing after he was found in contempt of court over the disputed US-funded Ebola quarantine and isolation facility in Nanyuki, Laikipia County.

The appearance followed an earlier ruling by High Court Judge Patricia Nyaundi, who determined that Duale had remained in continuing contempt of court orders issued on May 28, 2026 and later reaffirmed on June 2, 2026.

The orders had halted the construction of the facility pending the hearing and determination of a petition challenging it.

According to the court, the suspension was meant to allow questions raised on public participation and public health safeguards to be fully addressed before any continuation of the project.

"Accordingly, the 2nd respondent (Duale) is required to attend court on June 23, 2026 at 11am for mitigation and sentencing,” the judge ordered.

The case was filed by Katiba Institute, which sought contempt orders against Duale, the Attorney General, and other state officials. The organisation argued that the respondents proceeded with, or allowed the continuation of, construction works despite clear court instructions stopping the project.

In her findings, Justice Nyaundi held that material placed before the court showed that the project continued even after the orders were issued, pointing to deliberate disobedience of the court’s directive. She therefore found the Health Cabinet Secretary in contempt and directed him to appear in person for mitigation and sentencing.

On Tuesday morning, Duale arrived at the court accompanied by lawyers and senior officials from the Ministry of Health as the matter came up for mention.

Also in attendance were Principal Secretary Fredrick Ouga, Public Health Principal Secretary Mary Muthoni, and Director General for Health Dr Patrick Amoth, who all took seats inside the courtroom as proceedings began.

When the case was called out, Duale’s legal team informed the court that he was present in compliance with its directive and ready to proceed with mitigation submissions.

Duale then stepped into the dock as required by the court process.

The court was also informed that the defence intends to file an affidavit in support of mitigation, which will be presented before sentencing is delivered.