Court stops mandatory Covid jab decree

Wednesday, December 15th, 2021 00:00 | By
NMS Health workers administer Covid-19 jabs to members of the public at Nairobi Bus Station recently. PD/FILE

The High Court yesterday set aside government’s directive blocking persons who have not taken the Covid-19 jab from accessing essential services.

The directive issued by Health Cabinet Secretary (CS) Mutahi Kagwe was to take effect from December 21.

In a brief ruling, Justice Antony Mrima issued a conservatory order in the matter lodged by businessman Enock Aura through lawyer Harrison Kinyanjui.

The order will remain in force until January 4, 2022 when the case will be heard sought to stop the State’s directive issued on November 22; which purported to lock out Kenyans from accessing in-person government
services unless they have been vaccinated.

Last month, Health CS said it would be mandatory for Kenyans to show proof of vaccination against Covid-19, in order to access government services.

“We have Kenyans time to get the vaccine by December 21. As much as we will enforce these measures, accountability on implementing these measures will lie on individuals,” Kagwe stated then.

Aura argued that the directive by the government was discriminatory, tyrannical, an abuse of power and a gross violation of the Constitution.

“The said impugned oral decree is not law, yet by its public broadcast, it purports to mandate all Kenyans to be vaccinated as a precondition to accessing government services,” he argued.

He submitted that unless Kagwe’s directive is checked, thousands of tax paying Kenyans will be denied access to government services; which they have been funding without equal benefit.

Those sued in the case are CS Health, CS Transport, inter-faith council on the national response to Coronavirus pandemic, Inspector General of Police, the Council of Governors, the Pharmacy and Poisons Board and the Attorney General.

More on News