Health Cabinet Secretary Aden Duale has escaped punishment after the High Court accepted his apology for disobeying orders stopping the construction of an Ebola quarantine and isolation facility at Laikipia Airbase.
Justice Patricia Nyaundi Mande discharged Duale with a stern warning, after the CS appeared before the court to mitigate before sentencing in a contempt case arising from the continued construction of the facility despite previous court orders.
“I accept your apology and therefore discharge you with no orders as to costs,” the judge said.
The court, however, warned Duale against any further disobedience of court orders relating to the construction of the Ebola isolation facility, saying compliance with judicial orders is not optional.
Duale had apologized to the court and said the construction works had since been stopped pending further directions. He urged the court to pardon him, arguing that whatever action was taken was done in the public interest and in response to public health preparedness concerns.
The CS appeared in court after being found to have defied orders stopping the construction of the Ebola quarantine and isolation center at the Nanyuki-based airbase.
During the proceedings, the High Court rejected an application by lawyers seeking to cross-examine Duale over his affidavit filed to purge the contempt.
Lawyers representing parties opposed to the project had urged the court to impose a custodial sentence, arguing that the CS had willfully disobeyed a valid court order.
The Law Society of Kenya asked the court to jail Duale for 15 months, saying violations of court orders cannot be justified on grounds of public interest.
LSK argued that allowing senior public officials to disregard court orders would undermine the rule of law and weaken public confidence in the justice system.
The lawyers said court orders must be obeyed until they are set aside, varied or discharged by the same court or a higher court.
They maintained that the CS had a duty, as a senior government official, to lead by example and demonstrate respect for the authority of the court.
Laikipia County Government, however, urged the court not to commit Duale to jail. Through lawyer Levi Munyeri, the county asked the judge to admonish the CS instead, saying he had shown remorse and had not taken a combative posture before the court.
Munyeri told the court that Duale had been humbled by the law and should be released to educate other senior government officials on the importance of obeying court orders.
He also asked the court to consider that no Ebola case had been reported in Laikipia County.
The case has drawn public attention because of concerns raised by local residents and leaders over the location and purpose of the planned quarantine facility.
The government has defended the project as part of national preparedness against infectious disease threats, while opponents have questioned the consultation process, safety assurances and legality of proceeding with construction despite court intervention.
The ruling means Duale will not face jail or a fine over the contempt finding, but remains under clear warning that any further breach of court orders in the matter could attract consequences.
The court is expected to issue further directions on the petition challenging the construction of the Ebola quarantine and isolation facility at Laikipia Airbase.
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