‘Remorseful’ Duale escapes 15-month jail term after court accepts apology

Health Cabinet Secretary Aden Duale has today narrowly avoided a potential 15-month jail sentence after the High Court accepted his formal apology and expressions of remorse.

Duale had been found in contempt of court for defying orders that halted the establishment of a controversial, US-backed Ebola quarantine facility at the Laikipia Air Base

From the dock at the Milimani Law Courts, humbled Duale apologised to the High Court and pleaded for leniency after being found guilty of contempt for disobeying court orders that halted the construction of a controversial U.S.-funded Ebola quarantine facility at the Laikipia Air Base in Nanyuki.

In a ruling delivered today, Tuesday, June 23, Justice Patricia Nyaundi declined to impose sanctions on the CS despite finding that court orders relating to the project had not been fully complied with.

“I have noted all the submissions, including those by the Cabinet Secretary, the mitigation presented, and the apology rendered,” Justice Nyaundi ruled.

The case has drawn significant public attention due to concerns over adherence to court orders and the establishment of the quarantine facility at the military installation in Laikipia County.

The judge, however, cautioned Duale against future violations of court orders, warning that the court may not be as lenient should a similar situation arise again.

Duale appeared before the court for mitigation ahead of sentencing, expressing regret over actions and misunderstandings that may have created the impression that he had deliberately defied court directives.

“I will be the last person to defy a court order,” Duale told the court, emphasising that he holds judicial authority in the highest regard and considers compliance with court orders a constitutional obligation.

“I regret any action, omission or misinterpretation that may have resulted in or created that perception,” he said, adding that neither he nor the Ministry of Health had intended to disregard, undermine or act in defiance of the court’s directives.

“At all material times, 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 stated.

The court had found Duale in contempt over the establishment of the disputed Ebola quarantine facility at the Laikipia Air Base, a project backed by the United States government and intended to bolster Kenya’s quarantine and isolation capacity for returning personnel and potential public health emergencies.

In his mitigation, the Health CS maintained that decisions relating to the facility had been guided by technical and scientific advice from experts within the ministry.

He argued that any continuation of preparatory works occurred because the government had misunderstood the scope of the court’s orders, interpreting them as suspending only the implementation of cooperation arrangements rather than halting all preparatory activities and technical considerations associated with the project.

Duale told the court that once the position of the court became clear, the Ministry of Health immediately halted all activities related to the facility and remains committed to fully complying with any further directions issued by the court.

He also pointed to his long career in public service, including his tenure in Parliament and government, saying his conduct has always been guided by respect for constitutional processes, judicial authority and institutional balance.

The Health CS’s mitigation comes after the High Court found him guilty of contempt for failing to comply with orders stopping the project, exposing him to a possible jail term.

However, his formal apology and expression of remorse were accepted by the court, allowing him to avoid a potential 15-month custodial sentence.