Justice Patricia Nyaundi of the Milimani Constitutional and Human Rights Division ruled on Monday that CS Duale wilfully disobeyed conservatory orders issued on May 28, 2026, and confirmed on June 2, 2026.

The judge ordered Duale to personally appear before the court on Tuesday, June 23, 2026, at 11am for mitigation and sentencing following the contempt finding.

“On account of the foregoing, I find that in commissioning the ongoing construction of the facility at Laikipia, the 2nd Respondent (CS Ministry of Health) is in continuing contempt of the orders of the Court that issued on 28th May 2026 and confirmed on 2nd June 2026,” Justice Nyaundi ruled.

“Accordingly, the 2nd respondent (CS Health Duale) is required to attend Court on June 23, 2026 at 11am for mitigation and sentencing.”

While finding that the government disobeyed court orders, Justice Nyaundi said court directives are commands that must be obeyed and cannot be avoided through technical manoeuvres or by changing the actors involved.

“The obligation to comply attaches to the office holder personally, and it is the substance of the restrained conduct, not the identity of the collaborators, that determines contempt,” she said.

The court found that Duale, knowing that all construction activities at Laikipia Airbase had been stopped, proceeded with the project by attempting to alter the composition of those involved rather than halting the restrained conduct.

“Knowing full well that the Court required all construction activities at Laikipia Airbase to cease, he persuaded himself that he could continue by altering the composition of the actors rather than the substance of the conduct,” the court stated.

Justice Nyaundi added that Duale’s public statements, which were widely reported and never disavowed, supported the conclusion that he intended construction to continue despite the court orders.

“His public statements, widely reported and never disavowed, reinforce the conclusion that he intended construction to proceed notwithstanding the Court’s Orders,” she ruled.

The summons followed a contempt application filed by Katiba Institute and the Law Society of Kenya (LSK), accusing the government of brazenly defying court orders by allowing construction at the Nanyuki airbase to proceed and failing to disclose key documents relating to the Kenya-US arrangement behind the project.

The court heard that Duale had publicly stated, both in Parliament and during media appearances, that construction of the quarantine centre would proceed despite what he described as “noise”.

The court noted that on June 3, 2026, reports indicated that despite the orders, flights carrying medical equipment and specialised personnel had landed at Laikipia Airbase. Data presented before the court showed that at least six military aircraft, including C-130 and C-17 transport planes, had landed in Nanyuki since May 24, 2026, with three arriving after the court orders were issued.

Justice Nyaundi rejected Duale’s defence that any ongoing construction was part of Kenya’s independent national Ebola preparedness programme and had no connection to the suspended bilateral collaboration with the United States.

“As I understand it, what the CS seeks to do is to avoid compliance by recasting or recharacterising the ongoing construction,” the judge held.

“A court order is not an invitation to ingenuity; it is a command to be obeyed. Attempts to re-label or re-describe conduct so as to place it outside the reach of an order do not assist a respondent; the court looks to the substance of what was done, not the gloss placed upon it,” she stated.

The court, however, cleared Attorney General Dorcas Oduor of the contempt charge relating to disclosure, finding that the obligation under the earlier orders attached solely to Duale as Cabinet Secretary and that the AG could not be sanctioned for acts of her clients.

Following the ruling, Katiba Institute welcomed the decision, saying the court had affirmed the importance of respecting judicial orders and upholding constitutional safeguards in government projects.

The organisation said disclosures made during the proceedings raised questions over how the project was initiated without key assessments and public accountability measures being undertaken.

Katiba Institute Executive Director Nora Mbagathi said the ruling reinforced the need for public institutions to operate within the law.

“We are witnessing a profound disrespect for Kenya’s sovereignty and our constitutional rule of law,” Mbagathi said.

“The fact that construction continued in direct violation of a High Court order shows that the government believed it could operate entirely above the Kenyan judicial system. Today’s ruling sends a clear message: public health initiatives must bow to constitutional accountability, transparency, and the rule of law.”

Katiba Institute maintained that the case was not opposed to public health preparedness but sought to ensure government projects comply with constitutional requirements, including transparency, accountability and lawful decision-making.

The institute called for an immediate halt to all activities at the Laikipia Airbase site pending further directions from the court.

President William Ruto had publicly acknowledged approving the arrangement after a request from US President Donald Trump, describing it as a partnership “with friends who have walked with Kenya for 30 to 40 years.”

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Speaking during a Wednesday interview with a local station, Duale argued that the new authority’s effectiveness is being overshadowed by sensational media coverage that focuses on teething problems rather than concrete achievements in protecting public funds.

“Screaming headlines sell; if you say SHA is working, it will not sell, but screaming headlines will get out of the shell,” the CS said, adding that the detection and rejection of billions in questionable claims demonstrates the system is functioning as designed.

According to Duale, the bulk of the rejected claims emerged during the critical transition phase from the National Hospital Insurance Fund (NHIF) to SHA—a period that demanded heightened vigilance and robust verification mechanisms.

The CS disclosed that most flagged claims originated from health facilities and were subjected to rigorous multi-stage scrutiny before being declined.

“Facilities made claims amounting to about Sh11 billion. Most of these were fraudulent claims. The system picked them up, went through different validation and clinical reviews, and we are not paying,” Duale explained.

He emphasized that each claim undergoes automated validation, clinical reviews, and additional system checks to ensure compliance with established standards before any payment is authorized.

The Health CS issued a stern warning to facilities attempting to exploit the health insurance system, stressing that every shilling contributed by Kenyans is now under strict surveillance.

“Every coin that a Kenyan has paid for health care insurance, if it is stolen, the system will detect it, flag it, and the government will prosecute,” Duale stated firmly.

On Sunday, the CS had outlined the rigorous due diligence processes now mandatory for all claims, including forensic audits and clinical reviews to verify that billed services were actually delivered to patients.

“We will only pay after we do due diligence. SHA will conduct forensic audits and clinical reviews to make sure that the services offered are appropriate and that the Kenyan patient has actually received them,” he said.

While Duale celebrates the fraud detection success, some hospitals have raised concerns about delayed payments, arguing that the enhanced scrutiny is affecting their cash flow and operations.

The CS, however, maintained that facilities complaining loudest are primarily those whose claims remain under verification due to red flags raised during the review process.

He insisted the government is operating within legal parameters and that the thorough vetting is essential to safeguarding the integrity of Kenya’s health insurance system and protecting contributors’ funds from exploitation.

Duale’s remarks signal the government’s determination to ensure SHA operates with greater accountability than its predecessor, even as stakeholders navigate the challenges of implementing sweeping health sector reforms.

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