Kenya’s High Court has pardoned Health Cabinet Secretary Aden Duale of contempt charges after he issued an unconditional apology for the continued construction of a U.S.-backed Ebola quarantine facility at Laikipia Air Base. Justice Patricia Nyaundi accepted the Cabinet Secretary’s formal expression of regret on Tuesday, effectively halting the immediate threat of sentencing while ordering a complete cessation of all activities at the site.
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The ruling marks a significant cooling of tensions between the executive branch and the judiciary following weeks of public unrest. The project, which aimed to establish a 50-bed isolation center for international personnel exposed to Ebola, faced intense scrutiny from civil society groups and legal watchdogs. Petitioners, including the Katiba Institute and the Law Society of Kenya, argued that the government bypassed mandatory environmental and social impact assessments, raising concerns about
“I have directed the immediate and complete cessation of any intended construction, site preparation, or related activities concerning the Laikipia Air Base facility pending the hearing and determination of the substantive petition,” Duale told the court during his appearance.
While the government has maintained that the partnership is essential for regional health preparedness, the initiative has become a lightning rod for broader debates over national sovereignty. The controversy intensified following reports that construction continued even after initial court orders were issued in late May, a move that sparked widespread protests that reportedly resulted in three deaths.
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Justice Nyaundi, in granting the pardon, emphasized that the court expects strict adherence to its directives moving forward. The government’s pivot to a full suspension of works represents a significant concession, though the legal battle over the facility’s constitutionality remains active. The court noted that it accepted the apology primarily because this was the first instance in which the minister had formally addressed the defiance of the orders.
The U.S. government, which pledged over $13 million toward the project, has remained largely diplomatic, stating previously that it was working with Kenyan authorities to resolve public and legal objections. With the contempt proceedings now closed, the focus shifts to the substantive case, which will ultimately determine whether the project proceeds or is permanently shuttered.
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