Health Cabinet Secretary Aden Duale has avoided punishment after the High Court accepted his apology in a case linked to the controversial U.S.-funded Ebola preparedness facility at Laikipia Air Base.
In a ruling delivered on Tuesday, Justice Patricia Nyaundi declined to impose penalties on the CS, even as the court noted concerns over compliance with earlier orders issued in the matter.
The case arose after claims that construction works at the proposed Ebola facility continued despite conservatory orders issued by the court.
While delivering the ruling, Justice Nyaundi said she had considered all submissions presented before the court, including Duale’s explanation and apology.
However, the judge warned the Health CS against any future failure to comply with court orders, making it clear that the court may not be as lenient if a similar situation occurs again.
The contempt proceedings had been filed after petitioners accused government agencies of proceeding with works at the Laikipia project despite an ongoing legal challenge.
Appearing before the court, Duale apologised and assured the judge that the government would fully respect and obey all court directives going forward.
He told the court that he had already ordered the immediate suspension of any construction activities at the site pending the hearing and determination of the case.
“I have directed the immediate suspension of any construction of any facility within the area. I wish to tell this court that I commit to honour any orders given by it,” Duale told the court.
The CS also expressed regret over the events that led to the contempt proceedings, saying he was committed to acting within the law as a public servant.
Nonetheless, the petitioners had called for stronger measures.
Through their lawyer, Joshua Malidzo, the Katiba Institute had asked the court to issue an appropriate punishment to Duale, stating that failing to do so would compromise the compliance with the decisions of the courts by public servants.
This organization was asking for a jail term of 15 months without the option of a fine on account of the ongoing works, indicating that it is a blatant disregard of court orders.
At the heart of the matter is an Ebola preparedness and quarantine facility project, which is expected to cost up to KSh1.75 billion and to be constructed at the Laikipia Air Base with financial assistance from the US government
