Health CS Aden Duale avoids jail term in Ebola facility dispute, receives stern court warning

The court, presided over by Justice Patricia Nyaundi, discharged Duale but issued a strong warning against future non-compliance with court orders. The ruling on June 23 noted Duale's prompt compliance with summons and his personal appearance and apology, which demonstrated submission to judicial authority. The judge emphasized that this decision should not be seen as tolerance for disobedience of court orders.

Petitioners, including Katiba Institute and the Law Society of Kenya, had sought a 15-month jail term, arguing that public officials must uphold the rule of law and judicial authority. They contended that the court's contempt jurisdiction exists to ensure orders are obeyed and to prevent judicial decisions from being ignored without consequence. Duale, in his mitigation, stated that the Ministry of Health acted on scientific and technical advice and had no intention to undermine the court's authority, adding that all activities related to the project had ceased.