Duale appears in court after contempt ruling over Ebola facility
By Zipporah Ngwatu, June 23, 2026The Cabinet Secretary for Health, Aden Duale, has arrived at the Milimani High Court to honour a court summons that was issued by the court yesterday, Monday, June 22, 2026.
Duale was ordered by Judge Patricia Nyaundi to appear before her today, Tuesday, June 23, 2026, after she found him in contempt of court orders.
In her ruling, Judge Nyaundi stated that Duale went against the court orders that barred the government and him from establishing an Ebola facility at the Laikipia Airbase.
“I find that in commissioning the ongoing construction of the facility at Laikipia, the 2nd respondent (CS Duale) is in continuing contempt of the orders of the court that were issued on May 28, 2026, and confirmed on 2nd June 2026; the consequence of that finding is that the said contempt will attract the sanction of the 2nd respondent by this court,” Judge Nyaundi ruled.
“Accordingly, the 2nd respondent (CS Duale) is required to attend court on June 23, 2026, at 11 am for mitigation and sentencing,” the judge added.
Judge Nyaundi states that despite Duale conceding that he understood the court to have required suspension of construction, he adopted a narrower interpretation, one that permitted him to continue the very activities the court had restrained, provided only that he proceeded outside the United States.
Notably, she states that the CS convinced himself he could continue the construction at the Laikipia Airbase by changing the participants involved rather than altering the nature of the work, all while being fully aware that the court required a complete halt to all construction activities.
Duale’s public statements
Justice Nyaundi also notes that Duale’s public statements, widely reported and never disavowed, reinforce the conclusion that he intended construction to proceed notwithstanding the court’s orders.
In his submissions before the court, Duale through his counsel informed the court that Katiba Institute allegations of contempt against him rest entirely on unsubstantiated media reports, which, according to him, have no probative value.
Further, he argued that the construction under the bilateral collaboration was suspended and that any ongoing works are undertaken solely by the government of Kenya as part of a national response to the Ebola pandemic.
“The 2nd respondent’s replying affidavit, in which he deposes that construction under the collaborative agreement with the United States was suspended immediately upon receipt of the court’s orders and that any ongoing construction forms part of the national response to the Ebola pandemic,” Duale states in his replying affidavit.
The court summons came after the Katiba Institute moved to court, arguing that the Attorney General (AG) and Duale failed to comply with orders that barred them from establishing the Ebola facility pursuant to any arrangement between the United States of America (USA) and Kenya.