The High Court has certified as urgent an application seeking to have Attorney General Dorcas Oduor and Health Cabinet Secretary Aden Duale cited for contempt over the government’s planned Ebola treatment and research facility in Laikipia County.
Justice Patricia Mande Nyaundi issued the directions on Thursday after considering an application filed by Katiba Institute and the Law Society of Kenya (LSK).
The two bodies accuse the senior state officials of disobeying court orders issued on May 28 and June 2, 2026, in an ongoing constitutional petition challenging the project.
In court papers filed through advocate Malidzo Nyawa, the petitioners argue that the respondents have ignored court directives and continued to act in a manner that undermines judicial authority.
"The respondents have failed to demonstrate compliance with the orders issued by this Honourable Court and have continued to act in a manner that undermines the authority of the court," Nyawa states in the application.
The applicants are seeking orders declaring the Attorney General and the Health Cabinet Secretary in contempt of court and asking for appropriate sanctions if the court finds that the orders were deliberately disobeyed.
While certifying the matter as urgent, Justice Nyaundi noted that it raises issues touching on the integrity of court proceedings.
"Upon reading the Notice of Motion dated 10th June 2026... in which the applicant contends that the 1st and 2nd Respondents are in Contempt of the Court Orders issued on 28th May 2026 and 2nd June 2026, concerned with the necessity of preserving the integrity of the Court proceedings," the judge stated in the order.
The court directed that the application be served immediately and, in any event, not later than June 12.
The respondents were ordered to file their responses within 24 hours of service and no later than June 15, while the applicants were granted leave to file a further affidavit by June 16. The matter will be mentioned on June 16 for further directions.
Separately, Katiba Institute is also seeking a conservatory order compelling the government to submit a detailed status report on the Ebola facility. The report would outline the progress of construction, steps taken to comply with court orders, and the current status of the project.
"The filing of a status report is necessary to enable the court to ascertain compliance with its orders and provide accountability on a matter that has generated considerable public concern," the application states.
The contempt application adds to an ongoing constitutional petition filed by Katiba Institute and LSK against several government agencies and officials over the establishment of the Laikipia facility.
The project has drawn heightened public scrutiny, with the petitioners insisting that existing court orders preserving the status quo must be observed pending the determination of the case.
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