Health CS Aden Duale in court on Tuesday /LEAH MUKANGAIKatiba Institute has asked the High Court to impose a 15-month custodial sentence on Health Cabinet Secretary Aden Duale in the ongoing contempt proceedings arising from the disputed Nanyuki Ebola quarantine facility case in Laikipia county.
The application was made before High Court Judge Patricia Nyaundi during mitigation and sentencing submissions, following a contempt finding in the matter.
The finding was linked to alleged continued activities on the US-funded Ebola isolation and quarantine centre despite conservatory orders issued by the court suspending the project.
Through advocate Malidzo Nyawa, the Katiba Institute told the court that contempt of court strikes at the core of constitutional order and must attract a firm response to preserve the authority of the judiciary.
“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? If that is allowed to stand, the judiciary will be exposed to ridicule,” Nyawa submitted.
He further warned the court against what he termed the erosion of public confidence in the justice system, arguing that failure to enforce compliance would set a dangerous precedent for state officers and litigants alike.
“Once they lose public confidence, the judiciary will be exposed to ridicule. These are aggravating factors,” he said.
The counsel added that respect for court orders is essential to maintaining institutional stability and constitutional governance.
Nyawa told the court that the present case involved clear and unambiguous conservatory orders issued on May 28, 2026, and reaffirmed on June 2, 2026, which suspended any implementation of the Ebola quarantine facility pending determination of the substantive petition.
He argued that despite those directions, activities related to the project allegedly continued, which in his view demonstrated disregard for judicial authority.
He urged the court to take into account the position held by the contemnor, noting that senior state officials bear a higher duty of compliance with court orders.
“In considering sentence, I ask the court to consider the factors. The power to punish for contempt is meant to protect the rule of law,” he submitted.
Katiba Institute maintained that contempt sanctions must not only punish but also reinforce respect for court authority across all arms of government.
Nyawa submitted that a custodial sentence was appropriate given the seriousness of the breach and its implications for constitutional governance.
"We submit the contemnor should be sentenced to 15 months imprisonment.," he said, arguing that such a sentence would serve both punitive and deterrent purposes.
Duale defended himself before the High Court, maintaining that the Ministry of Health acted in good faith and within the framework of established public health policy.
He told the court that decisions surrounding the disputed Ebola quarantine facility were guided by technical and scientific advice from health experts.
The CS argued that any actions taken were not intended to violate court orders but were based on an interpretation of their scope and ongoing emergency preparedness needs.
"I sincerely regret any action, omission, misunderstanding, or misinterpretation that may have resulted in a non-compliance with the order of this Court or created the facility thereof," he submitted.
He further stated that once clarity was provided, all related activities were halted.
The court also heard that counsel for Laikipia government, Advocate Levi Munyeri, had sought to cross-examine Duale on aspects of his affidavit and clarifications made during mitigation.
