Health Cabinet Secretary Aden Duale appeared before the High Court on Tuesday for mitigation after being found in contempt of court over continued construction of an Ebola quarantine and isolation facility at Laikipia Air Base despite earlier orders stopping the project.
Mr Duale was required to appear before the court for sentencing following a ruling that he had failed to comply with interim conservatory orders halting the establishment and operationalisation of the facility pending determination of a constitutional petition.
The case was filed by Katiba Institute and the Law Society of Kenya challenging the project over alleged lack of public participation and constitutional compliance.
When he appeared in court, Mr Duale apologised for the breach and told the judge that construction had since been stopped pending further court directions. He maintained that he had no intention of defying the court and insisted the actions were not deliberate.
“I will be the last person to defy a court order,” Duale told the court, adding that he regretted any actions, omissions or misunderstandings that may have led to the perception that he had disobeyed court directives.
“I regret any action, omission or misinterpretation that may have resulted in or created that perception,” he said.
- Ebola outbreak in DRC tops 1,000 cases, death toll climbs to 254
- Court freezes Kenya-US Ebola response deal amid public outcry
- WHO calls for global action to contain Ebola outbreak
He further told the court that the Ministry of Health had relied on technical and scientific advice in handling the project, which was meant to strengthen quarantine and isolation capacity for returning personnel and potential public health emergencies.
“At all material times, it was never the intention of the Ministry or myself as the Cabinet Secretary to disregard, undermine, or act in defiance of the orders of this Honourable Court,” he said.
The court also heard submissions from the Laikipia County Government, which urged the judge to issue a reprimand rather than impose a custodial sentence. Duale’s lawyer, Levi Munyeri, asked the court to take into account his client’s remorse and cooperation.
After hearing mitigation, the High Court warned Mr Duale against any future disobedience of court orders related to the matter. The judge discharged him with a warning and accepted his apology, effectively bringing the contempt proceedings to a close for now.
Email your news TIPS to Editor@nairobilawmonthly.com, and to advertise with us, call +254715061658 anytime of the day
