The High Court has discharged Health Cabinet Secretary Aden Duale with a warning after accepting his apology over contempt of court proceedings arising from the controversial establishment of an Ebola quarantine facility at the Laikipia Airbase.
Justice Patricia Nyaundi accepted Duale’s mitigation and declined to impose a custodial sentence despite earlier finding him guilty of disobeying court orders that had temporarily barred the government from proceeding with the facility.
Duale had appeared before the Milimani High Court pursuant to summons issued by the court after Justice Nyaundi found that he had acted in contravention of conservatory orders issued on May 28 and reaffirmed on June 2, halting the establishment of the U.S.backed Ebola quarantine and treatment centre at the Laikipia Airbase pending the hearing of a constitutional petition.
In his mitigation, the Health CS expressed regret over the events that led to the contempt finding, insisting that he holds court orders in the highest regard.
“As a citizen, as a minister and as a public servant, I will be the last person to disregard any constitutional order or violate any order issued by a court,” Duale told the court.
He further stated: “I sincerely regret any action, omission, misunderstanding or misinterpretation that may have resulted in non-compliance with the order of this court or created the perception thereof.”
However, Katiba Institute had urged the court to impose a stiff punishment, arguing that the Cabinet Secretary had wilfully disobeyed court directives.
Through lawyer Joshua Malidzo Nyawa, the institute asked the court to jail Duale for 15 months, maintaining that the deliberate disobedience of court orders undermined the authority and dignity of the judiciary.
“My Lady, we urge the court to sentence the contemnor to a committal sentence of 15 months for wilfully disobeying court orders blocking the establishment of an Ebola quarantine facility,” counsel Nyawa submitted.
The contempt proceedings stem from an ongoing legal challenge filed by the Katiba Institute and other petitioners against the government’s decision to establish the Ebola facility at the Laikipia Airbase.
The petitioners contend that the project was initiated without adequate public participation and in disregard of constitutional and legal requirements.
