Justice Patricia Nyaundi has certified urgent an application filed by the Katiba Institute over contempt of court orders by the Attorney General (AG) and Cabinet Secretary for Health Aden Duale over contempt of court orders.

In the new application, the Katiba Institute contends that the AG and CS Duale are in contempt of the court orders issued on May 28, 2026, that barred them from establishing the Ebola facility pursuant to any arrangement between the United States of America (USA) and Kenya.

The petitioner also states that CS Duale has also wilfully, deliberately, and contumaciously disobeyed and violated the existing court order issued on June 2, 2026, directing him to disclose documents crucial to establishing the safety and legitimacy of any such facility.

Justice Nyaundi on June 11, 2026, certified the notice of motion dated June 10, 2026, as urgent, noting the importance of preserving the integrity of the court proceedings.

“Concerned with the necessity of preserving the integrity of the court proceedings, I hereby direct that the application be certified as urgent,” Justice Nyaundi ruled.

She has directed the Katiba Institute to serve the application to the AG, CS Duale and the Cabinet Secretary for the Ministry of Foreign and Diaspora Affairs, Musalia Mudavadi, all listed as respondents, immediately and not later than close of business on Friday, June 12, 2026.

The court has also directed the AG, CS Duale and CS Mudavadi to file their responses within 24 hours of service and not later than June 15, 2026.

According to the petitioner, AG Dorcas Oduor and CS Duale have disobeyed the court, and there are numerous reports showing that they continue to partner with their counterparts in the United States to advance the establishment of the facility and have not made the disclosures.

Further, Katiba Institute is seeking to have the two punished appropriately for disobeying court orders in issue.

Notably, they cite that CS Duale, while appearing in Parliament and in engagement with the media, directly ignored the court orders and noted that the construction of the quarantine centre at Laikipia will proceed despite the ‘noise’.

In addition, they state that CS Duale has refused to furnish them and the public with documents that are within the government’s custody and control.

“The withheld documents are essential to the determination of the petition. The respondents’ refusal to produce the documents has prejudiced the petitioners’ (Katiba Institute) ability to prosecute their case fully and undermined the administration of justice,” part of the application reads. 

The matter will be mentioned on June 16, 2026, for further directions.