Court Urges Health CS Duale to Act on Ebola Facility as Laikipia Base Construction Is Suspended

BY CYNTHIA ELIZABETH

Health Cabinet Secretary Aden Duale has avoided punishment in a
contempt of court case linked to the controversial construction of an
Ebola preparedness facility at Laikipia Air Base in Nanyuki after the
High Court accepted his apology but warned against future disobedience
of court orders.

The decision followed proceedings arising from a constitutional
petition challenging the establishment of the facility, which had been
temporarily suspended through conservatory orders issued by the court
in May and reaffirmed in early June.

In an earlier ruling, Justice Patricia Nyaundi found that construction
activities associated with the project continued despite the court’s
directive stopping further implementation pending determination of the
case. The court held that compliance with disclosure requirements did
not amount to compliance with orders suspending construction
activities.

The case was brought by Katiba Institute, which argued that government
agencies had continued activities at the site despite existing court
orders and raised concerns over public participation, legal compliance
and preparedness measures surrounding the project. The petitioners
relied on materials including media reports, satellite imagery and
public statements in support of their application.

In response, the government maintained that the project formed part of
broader public health preparedness efforts and denied intentionally
disregarding court directives. While appearing before court, Duale
said the government had ordered an immediate halt to all construction,
site preparation and related activities at the facility pending
determination of the petition.

The proposed facility has attracted national debate because of reports
that it formed part of a Kenya–United States health preparedness
arrangement linked to regional Ebola response planning. Government
officials have defended the project as a preparedness measure, while
critics questioned transparency, consultation and the implications for
Kenya’s health system.

Although the court declined to impose sanctions on the Health CS,
Justice Nyaundi warned that future disregard of court orders would not
receive similar leniency. The substantive constitutional petition
challenging the project remains before the court for determination.