Court Waives Contempt Penalty Against Duale in Ebola Quarantine Facility Case

The High Court has pardoned Health Cabinet Secretary Aden Duale after he personally appeared before the court to respond to contempt of court proceedings arising from the establishment of an Ebola quarantine facility in Laikipia County.

Duale had been summoned by the court to explain why he should not face sanctions after being found in contempt for failing to comply with court orders related to the facility. The proceedings stemmed from concerns that the Ministry of Health had not fully adhered to directives issued by the court regarding the quarantine centre.

In his defence, the Cabinet Secretary urged the court to exercise leniency and refrain from imposing any punishment. He maintained that neither he nor officials within the Ministry of Health had deliberately disregarded, disobeyed, or undermined the authority of the judiciary. Duale emphasized that the ministry remains fully committed to upholding the Constitution, respecting the rule of law, and complying with court orders.

He further told the court that the measures taken by the ministry in relation to Ebola preparedness were guided by scientific evidence, expert recommendations, and strategic public health considerations aimed at protecting the health and safety of Kenyans. According to Duale, all actions undertaken were intended to strengthen the country’s readiness to respond to any potential Ebola threat.

The Cabinet Secretary also explained that the ministry had suspended its collaboration with the United States after interpreting the court’s directives as effectively halting the partnership connected to the proposed quarantine facility. He argued that the ministry acted in good faith and sought to align its actions with the court’s orders as it understood them.

Addressing concerns raised about the facility, Duale dismissed claims that it posed any risk of Ebola transmission to surrounding communities. He told the court that there had been no cases of community exposure or transmission linked to the facility and that public fears regarding the matter were unfounded.

In delivering its ruling, the High Court pardoned and discharged the Cabinet Secretary, while at the same time issuing a warning on the importance of strict compliance with court directives. The judge observed that Duale’s prompt appearance before the court immediately after being summoned demonstrated respect for the judiciary, submission to judicial authority, and recognition of the court’s processes.

Consequently, the court declined to impose any punitive measures against the Health Cabinet Secretary. However, it cautioned him to ensure full and strict compliance with all court orders in the future, underscoring the importance of adherence to judicial decisions by public officials and government institutions.