Duale Apologises to Court Over Ebola Facility, Avoids Jail Term

Health Cabinet Secretary Aden Duale apologised to the High Court on Tuesday after being cited for contempt over the planned Ebola quarantine facility in Laikipia, saying he had misunderstood the scope of the court’s conservatory orders.

Appearing before the Milimani Law Courts, Mr Duale said his actions were not intended to disregard the authority of the court. He explained that he believed the orders suspended only the proposed partnership between Kenya and the United States, not separate measures intended to strengthen Kenya’s Ebola preparedness.

Mr Duale said his priority had been to protect public health. He told the court that the arrival of potentially exposed soldiers through civilian entry points could create public concern and disrupt essential services. 

“It could have been very prudent to have an isolation facility that receives and treats these soldiers,” he said.

Justice Patricia Nyaundi accepted the apology and declined to impose a custodial sentence. However, she warned the Cabinet Secretary against any future violation of court orders.

The petitioners, including the Katiba Institute and the Law Society of Kenya, had sought a 15-month prison sentence, a fine and personal costs against Mr Duale. The judge rejected those requests, citing his expression of remorse. 

The Laikipia County Government also asked the court to exercise leniency, stating that its main concern was compliance with judicial orders and the protection of residents rather than punishment of the Cabinet Secretary. The dispute concerns a proposed Ebola isolation facility at a military base in Nanyuki as part of a broader partnership between Kenya and the United States. 

Earlier this month, Washington confirmed discussions between President William Ruto and US Secretary of State Marco Rubio. The Trump administration committed $13.5 million (Sh1.7 billion) to support Kenya’s Ebola preparedness efforts, building on an existing $112 million (Sh14.4 billion) investment in regional response programmes.

During the proceedings, Mr Duale said Kenya had tested 104 suspected Ebola cases in several counties, including Nairobi, Garissa, Bungoma, Kisumu, Mombasa and Laikipia. None of the cases had been confirmed. He also disclosed that dozens of people had been quarantined, including members of President Ruto’s delegation returning from Congo-Brazzaville. 

The President cancelled plans to attend a conference in Brazzaville and instead participated virtually following advice from health officials. Mr Duale said Kenya remains vulnerable to Ebola because of continued cross-border movement by soldiers, traders and travellers. He argued that preparedness measures are necessary to reduce the risk of an outbreak.