Court pardons Duale for contempt in Ebola quarantine facility case

Duale had been summoned to explain why he should not be punished after the court found him in contempt for failing to comply with orders relating to the facility.

In his defence, the Cabinet Secretary urged the court not to punish him, maintaining that neither he nor the Ministry of Health had intended to disregard or undermine the authority of the judiciary. He told the court that the ministry remains committed to upholding the Constitution and respecting court orders.

Duale argued that all decisions made regarding the Ebola preparedness measures were informed by scientific evidence and strategic public health interventions aimed at safeguarding Kenyans.

He further explained that the ministry suspended its collaboration with the United States after interpreting the court's orders as having halted the partnership relating to the quarantine facility.

He also dismissed claims that the facility posed a risk of Ebola transmission, stating that there had been no community exposure or transmission linked to the facility.

In delivering the ruling, the High Court pardoned, discharged and warned the Cabinet Secretary. The judge noted that Duale's prompt appearance before the court immediately after being summoned demonstrated his submission to judicial authority and respect for the court's processes.

The court consequently declined to impose a punishment, but cautioned the Health Cabinet Secretary to strictly comply with court orders in future.