Health Cabinet Secretary Aden Duale has avoided a jail term after the High Court declined to sentence him in contempt proceedings linked to the controversial Ebola quarantine facility in Nanyuki.
Instead, the court accepted his apology and cautioned him against any future failure to comply with court orders.
In a ruling delivered on Tuesday, Justice Patricia Nyaundi said Duale’s decision to appear before the court and respond to the summons demonstrated respect for the judicial process.
The judge ruled that the Cabinet Secretary had complied with the court’s directions, presented his mitigation, and acknowledged the authority of the court.
“I have noted that Mr. Duale has indeed submitted himself to the authorities of this court. He has, as was required of him, tendered his mitigation and I note he has rendered an apology,” Justice Nyaundi said.
The court further said that this was the first instance involving the Cabinet Secretary and accepted his explanation and apology.
“Since this is the first instance, the minister is responding to this, I will give him the benefit of the doubt that he is actually disobeying the court. For that reason, I will accept the apology that has been sent, especially as he has been categorical that he recognizes the authority of the court,” the judge stated.
While sparing Duale a custodial sentence, Justice Nyaundi warned that the decision should not be taken as approval of disobedience of court orders and cautioned against any future conduct that may amount to contempt.
The proceedings stemmed from an earlier court finding that activities associated with the US-funded Ebola isolation and quarantine facility in Laikipia County continued despite conservatory orders suspending implementation of the project.
During mitigation, lawyers representing Katiba Institute and the Law Society of Kenya urged the court to impose the maximum sentence available, arguing that contempt proceedings are intended to safeguard the authority of the judiciary and uphold the rule of law.
Lawyer Malidzo Nyawa, appearing for Katiba Institute, told the court that the matter went beyond an individual public officer and touched on public confidence in the justice system.
“The power to punish for contempt is meant to protect the rule of law,” counsel submitted.
The petitioners asked the court to impose a 15-month civil jail term, arguing that senior public officials who disregard court orders should face meaningful consequences to deter similar conduct.
In his mitigation, Duale maintained that the Ministry of Health acted on scientific and technical advice and had no intention of defying the court.
“At all material time, 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 told the court.
He added that all activities related to the project had since been halted.
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