Health Cabinet Secretary Aden Duale said he regrets any misunderstandings that may have led people to believe he ignored court directives.
Speaking in court on Tuesday during mitigation ahead of his sentencing, Duale told the High Court that he would be the last person to disobey a court order. The court had already found him in contempt over the construction of the US-funded Ebola quarantine facility at Nanyuki in Laikipia County.
“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 created the impression that he had disobeyed court directives.
CS Duale also told the court that the Ministry of Health relied on technical and scientific guidance when making decisions about the facility. He said the project aimed to strengthen quarantine and isolation capacity for returning personnel and to support responses to potential public health emergencies.
“At all material time, 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 CS said that any continuation of preparatory work happened only because the government misunderstood the scope of the court’s orders.
In his mitigation, he explained that the state interpreted the directives as stopping only the implementation of cooperation arrangements, rather than pausing all preparatory or technical considerations linked to the project. He added that once the court clarified its position, the Ministry stopped all activities related to the facility.
Duale told the judge that he holds court orders in the highest regard and said that complying with judicial authority forms a constitutional obligation.
Why Judge Gave Aden Duale Benefit of Doubt
As a result, Duale escaped punishment after the High Court rejected calls to impose a jail term for contempt. The court instead discharged him and warned that any future non-compliance with court orders would draw consequences.
Delivering the ruling on Tuesday, High Court Judge Patricia Nyaundi said Duale’s quick response to the court’s summons and his personal appearance during mitigation showed respect for judicial authority and worked in his favour during sentencing. She noted that Duale had submitted his mitigation and offered an apology.
“I have noted that Mr Duale has indeed submitted himself to the authorities of this court. He has, as was required of him, tendered his mitigation, and I note he has rendered an apology,” the judge said.
Nyaundi added that, because this involved a first-time incident, she would give Duale the benefit of the doubt and accept his apology. She said his statements reflected that he recognized the court’s authority.
“Since this is the first instance the minister is responding to this, I will give him the benefit of the doubt that he is actually disobeying the court. For that reason, I will accept the apology that has been sent, especially as he has been categorical that he recognizes the authority of the court.”
The judge said Duale’s conduct after the ruling also showed that he understood the court’s authority and intended to engage with judicial processes.
Still, Nyaundi cautioned that the decision should not be read as approval to ignore court directives. She warned the Cabinet Secretary against any future actions that could amount to contempt.
Petitioners Wanted Duale Jailed for 15 Months
The ruling came after mitigation proceedings triggered the court’s earlier finding that activities linked to the US-funded Ebola isolation and quarantine facility in Laikipia County continued despite conservatory orders that suspended implementation of the project.
During sentencing submissions, lawyers for the petitioners – Katiba Institute and the Law Society of Kenya – urged the court to impose a 15-month custodial sentence. Through advocate Malidzo Nyawa, they argued that contempt of court attacks the constitutional order itself and therefore requires a firm response to protect the judiciary’s authority.
“The power to punish for contempt is meant to protect the rule of law. What will it mean to the public when courts are seen to be making orders in vain? If that is allowed to stand, the judiciary will be exposed to ridicule,” Nyawa submitted.
He also warned the court against what he described as the erosion of public confidence in the justice system. He argued that allowing non-compliance to go unpunished would create a dangerous precedent for state officers and litigants alike.
“Once they lose public confidence, the judiciary will be exposed to ridicule. These are aggravating factors,” he said.
In the end, the court declined to impose imprisonment and said Duale’s immediate appearance before the court and his engagement with the judicial process justified a more lenient outcome.
