Health CS Aden Duale to Appear in Court for Mitigation and Sentencingin Contempt Case Over Lipia Facility

BY CYNTHIA ELIZABETH

Health Cabinet Secretary Aden Duale is expected to appear in court
today for mitigation and sentencing after the High Court cited him for
contempt in a case linked to continued construction activities at an
Ebola-related facility at Laikipia Air Base in Nanyuki.

The appearance follows a ruling delivered on Monday by Lady Justice
Nyaundi, who found that construction activities connected to the
project continued despite conservatory orders that had temporarily
suspended further implementation pending determination of an ongoing
constitutional petition.

The disputed facility has attracted national attention in recent weeks
due to concerns surrounding its establishment under a reported Kenya
United States public health partnership aimed at strengthening
preparedness and response capacity against infectious disease
outbreaks, including Ebola.

Court records show that conservatory orders were first issued on May
28 and later reaffirmed on June 2, temporarily halting the
establishment and operation of the facility until the constitutional
questions raised in the petition are determined.

The petition was filed by Katiba Institute, which argued that
government agencies failed to comply with the court’s directives and
proceeded with activities at the site despite the suspension orders.
To support its application, the institute relied on evidence including
media reports, satellite imagery and public statements which it argued
demonstrated that construction had continued.

In response, the government denied violating the court orders and
maintained that all activities associated with the project had been
suspended immediately after the directives were issued. Government
lawyers further argued that relevant agencies had complied with
disclosure requirements and acted within the law.

However, the court held that compliance with document disclosure
obligations did not amount to compliance with orders specifically
directing suspension of construction activities. Justice Nyaundi
further stated that court directives remain binding and cannot be
avoided through administrative adjustments while substantially
maintaining the same activities.

Legal observers say the case raises broader questions about adherence
to judicial orders, implementation of public health projects and the
extent to which government agencies should proceed with strategic
infrastructure while constitutional challenges remain active before
the courts.

Today’s proceedings are expected to determine mitigation and
sentencing following the contempt finding, as attention turns to the
implications of the ruling on future government compliance with court
directives.