Court consolidates cases on Kagwe Covid vaccine order
A Nairobi businessman who successfully obtained orders against the government on mandatory Covid-19 vaccination has accused the hospitality industry of continuing to disobey court orders.
Through lawyer Harrison Kinyanjui, Joseph Aura yesterday informed High Court Judge Antony Mrima that several entities, among them hotels, supermarkets and malls were implementing the directive by Health Cabinet Secretary Mutahi Kagwe by demanding proof of vaccination despite a court order invalidating the same.
Aura singled out The Hub and Junction Mall in Nairobi for continuing to ask for Covid vaccine certificates despite the court order.
Public offices
“I noted that Malls in Nairobi such as The Hub (Karen) and Junction sought to assuage the First Respondent (Kagwe) in a manner that wholly undermines the integrity of those proceedings and whose effects is to vitiate constitutional authority and the rule of law,” he stated.
He accused Kagwe of disregarding aa court order issued on December 14, 2021, saying the CS and Health Chief Administrative Secretary Dr Mercy Mwangangi have continued to issue the edict by asking business establishments and public offices to ask for proof of vaccination.
“I am very apprehensive of that, I think the CS should respect your orders. I do not want to saddle this court with a contempt application later, but I see us headed there,” Aura said.
Aura told Justice Mrima that he will sue business enterprises that are continuing to ask for proof of vaccination before allowing entry for contempt of court.
“Parties who are not before you like supermarkets, malls and entities in the hospitality industry are purporting to implement the First Respondents’ impugned directive,” he said.
He urged the Attorney General, who is representing the State and Kagwe to advise them to abide by court orders restraining them from enforcing the mandatory Covid vaccination to avoid being cited for contempt of court.
“The AG should instruct their clients to abide by the order so that we do not take the court’s time in contempt,” he said.
Jail term
Aura has also written to the Managing Director of the Hub, warning him that he risks serving a jail term for the unconstitutional act of barring his clients and other unvaccinated Kenyans from accessing the outlet in spite of the order.
On December 14, 2021, Mrima restrained the government from enforcing the directive requiring every Kenyan to receive a vaccine on or before December 21, 2021.
When issuing directions in the case yesterday, Justice Mrima clarified that the order barring the government from implementing the directives on compulsory Covid-19 certificate is still in force pending the hearing and determination of five petitions filed in court.
Mrima also consolidated Aura’s case with four similar ones filed by lawyer Winfred Otieno, Kituo Cha Sheria, Kenya Human Rights Commission, Eliud Matindi and Barak Hamid all challenging the directive barring unvaccinated persons from enjoying basic services.
Court directed all the parties to file and exchange pleadings before the hearing on February 1.
