Health Cabinet Secretary Aden Duale has been pardoned by the High Court after appearing in person to answer contempt of court proceedings arising from the continued construction of an Ebola quarantine facility at Laikipia Airbase despite conservatory orders suspending the project.
The Constitutional and Human Rights Division of the High Court had earlier found Duale in contempt and summoned him to appear for mitigation and sentencing over the government’s failure to comply with court orders relating to the facility.
In an affidavit filed before the court, Duale acknowledged the court’s finding and appealed for leniency, insisting that his actions were motivated by his constitutional and statutory duty to protect public health and prepare the country for potential Ebola outbreaks.
The Cabinet Secretary told the court that he had understood the conservatory orders as stopping the implementation of the Kenya–United States collaboration on the quarantine facility, but not as preventing the government from independently strengthening the country’s quarantine and isolation capacity.
Duale argued that Kenya remains vulnerable to the importation of Ebola because of its position as a regional transport hub and its extensive links across East and Central Africa. He disclosed that, as of June 22, 2026, the Ministry of Health had tested 104 individuals exhibiting symptoms associated with Ebola Virus Disease and screened more than 139,000 travellers at points of entry across the country.
He further informed the court that the government had identified 25 high-risk counties and that more than 40 Kenyans had previously been quarantined in various facilities. According to Duale, a confirmed Ebola outbreak would have far-reaching consequences, including public panic, disruption of regional trade and transport, increased healthcare costs and immense pressure on healthcare facilities and frontline workers.
The Health CS maintained that his interpretation of the court orders was made in good faith and based on an honest belief that the directives did not prevent him from carrying out his core mandate of preparing for public health emergencies under the Public Health Act.
He, however, acknowledged that his interpretation had ultimately conflicted with that of the court and offered what he described as his “unreserved apologies.” Duale told the judge that neither he nor the Ministry of Health had intended to disregard or undermine the authority of the judiciary and emphasized that the ministry remains committed to upholding the Constitution and respecting court orders.
He also informed the court that the establishment of quarantine facilities at Laikipia Airbase had been halted pending the final determination of the petition challenging the project. Additionally, he stated that the ministry had suspended its collaboration with the United States after interpreting the court’s orders as having stopped the partnership relating to the facility.
Duale dismissed concerns that the facility posed a risk of Ebola transmission, telling the court that there had been no community exposure or transmission linked to the quarantine site. He maintained that all decisions regarding the country’s Ebola preparedness measures had been informed by scientific evidence and strategic public health considerations aimed at protecting Kenyans.
In its ruling, the High Court pardoned and discharged the Cabinet Secretary without imposing any punishment. The court noted that Duale’s prompt appearance immediately after being summoned demonstrated his submission to judicial authority and respect for the court process.
However, the judge issued a stern warning to the Cabinet Secretary, cautioning him against any future disobedience of court orders. The court emphasized that all public officers are under a constitutional obligation to strictly comply with judicial directives and uphold the rule of law.
The ruling brings to a close the contempt proceedings against Duale, although the substantive petition challenging the establishment of the Ebola quarantine facility at Laikipia Airbase remains pending before the court.
