A day after being found in contempt, Health Cabinet Secretary Aden Duale has apologised to the High Court, while claiming he had misunderstood orders halting the establishment of a US-backed Ebola quarantine facility in Laikipia. Appearing in court Tuesday, the CS stated that he never intended to defy the Judiciary. 

“My understanding of the conservatory orders was that the court had suspended implementation of the proposed collaboration between Kenya and the United States,” he said.

He insisted that the government’s understanding was that independent anti-Ebola mitigation to strengthen the country’s disease preparedness could continue.

“I was driven by a zealous attempt to ensure that public health is always assured,” CS Duale added.

He said an exposed soldier arriving through a civilian airport or ordinary hospital could trigger public fear, disrupt travel and affect healthcare services.

“It could have been very prudent to have an isolation facility that receives and treats these soldiers,” he said. Justice Patricia Nyaundi accepted the apology, spared him jail and issued a stern warning against any future non-compliance. 

The court rejected a push by the petitioners, Katiba Institute and the Law Society of Kenya, to commit CS Duale to a 15-month custodial sentence. They also sought a substantial fine and costs against CS Duale personally.

The Laikipia County Government took a different position, saying its primary concern was compliance with court orders and protection of residents, rather than imprisonment of the Health CS. The county’s lawyer, Mr Levi Munyeri, asked the trial judge to consider his remorse and humility in the face of the law.

In court, CS Duale was accompanied by senior Ministry of Health officials including Principal Secretaries Ouma Oluga and Mary Muthoni, Director-General for Health Patrick Amoth and Kenya Public Health Institute Director-General Bodrun Tenez.

US-Kenya deal

The ruling brought a temporary close to a high-profile confrontation between the government and petitioners challenging the proposed Ebola quarantine and isolation facility at a military installation in Nanyuki.

The case gained prominence early this month after the US confirmed discussions between President William Ruto and Secretary of State Marco Rubio, amid a pledge by the Trump administration to commit $13.5 million (Sh1.7 billion) towards Kenya’s Ebola preparedness efforts. The US also said it had already committed $112 million (Sh14.4 billion) to the broader regional response.

In court, CS Duale revealed that Kenya has tested 104 suspected Ebola cases and quarantined dozens of people, including President William Ruto’s staff. The suspected cases were reported in Nairobi, Uasin Gishu, Garissa, West Pokot, Bungoma, Kiambu, Busia, Kisumu, Nyeri, Kilifi, Nakuru, Nyamira, Wajir, Laikipia, Mombasa and Trans Nzoia. The Cabinet Secretary also disclosed that more than 40 Kenyans had been quarantined in facilities across the country, including members of a Presidential delegation that had travelled to Congo-Brazzaville. He further revealed that President Ruto abandoned plans to attend a conference in Congo-Brazzaville after receiving health advice from the ministry and instead participated virtually.

He said Kenya remained vulnerable to Ebola because of its extensive links with East and Central Africa, as well as the movement of military personnel, traders and travellers across borders. According to his mitigation, the ministry has tested 104 individuals who exhibited Ebola-like symptoms but has not recorded any confirmed case of Ebola Virus Disease. 

This Article was first published by Daily Nation

Image: FILE

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